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HomeMy WebLinkAbout2007-009 IDA Resolution Subordination Agreement UMB BankRESOLUTION 2007-009 A RESOLUTION AUTHORIZING THE EXECUTION OF A SUBORDINATION AGREEMENT WITH UMB BANK, N.A., TRUSTEE, AND AUTHORIZING DOCUMENTS AND ACTIONS RELATED THERETO. WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri (the "IDA") issued its Industrial Development Revenue Bonds (Riverside Horizons Infrastructure Project -City of Riverside, Missouri), Series 2007 in the principal amount of $40,265,000 (the "Bonds"). WHEREAS, the City, the IDA, and UMB Bank, N.A., as Trustee (the "Trustee") entered into that certain Financing and Cooperation Agreement dated as of May 1, 2007 relating to the Bonds (the "Financing Agreement"). WHEREAS, to secure the Bonds, The Industrial Development Authority of the City, Norman E. Fretwell, as Mortgage Trustee, and UMB Bank, NA, entered into that: certain Deed of Trust And Security Agreement dated as of May 1, 2007 (the "Deed oi' Trust"). WHEREAS, the IDA, pursuant to the Financing Agreement, is transferring, without charge or cost, such easements as are necessary or desirable for road and street improvements, sidewalks, drainage improvements, sanitary improvements, and other utility improvements ("Infrastructure Easements"); WHEREAS, the Financing Agreement requires that the lien of the Deed of Trust be: subordinated to such Infrastructure Easements. NOW, THEREFORE, be it resolved by the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri, as follows: Section 1. The Subordination Agreement (the "Agreement") attached hereto as Exhibit A is hereby approved. Section 2. The President and the Vice-President of the Authority are hereby authorized and directed to execute the Agreement, in substantially the form attached hereto, with such changes as are approved by the officer executing such document, such execution being conclusive proof of such approval, for and on behalf of and as the act and deed of the Authority. The Secretary or the Assistant Secretary of the Authority are hereby authorized and directed to attest to the Agreement. Section 3. The Authority shall, and the officers, agents, and employees of the Authority are hereby authorized and directed to, take such further action and execute and deliver such documents and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution. I Section 4. The Resolution shall be in full force and effect from and after its passage and approval. Passed this 3`d day of October, 2007 ATTEST: Sarah Thompson, Assistant Secretary EXHIBIT A SUBORDINATION AGREEMENT THIS AGREEMENT is made as of this _ day of 2007, between UMB BANK, N.A., a national association duly organized and existing under the laws of the United States of America having a corporate trust office located at Kansas City, Missouri, , and its successors and assigns, ("Mortgagee'l, and THE INDIISTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, a public corporation organized and existing under the laws of the State of Missouri, having its principal office located at 2950 NW Vivion, Riverside, Missouri 64150, ("Mortgagor")for the benefit of the CITY OF RIVERSIDE, MISSOURI, a fourth class municipality of the State of Missouri, having an address of 2950 NW Vivion Road,Riverside,Missouri 64150, ("City'). RECITALS: A. Mortgagee and Mortgagor previously entered into a series of loan and security documents,including(but without limitation): (i) A Financing and Cooperation Agreement dated May 1,2007 between The Industrial Development Authority of the City of Riverside,Missouri and UMB, N.A.,recorded May 9,2007 in Book 1103 at Page 315 in the office of the Recorder of Deeds,Platte County,Missouri ("Financing Agreement'). (ii) A Deed of Trust and Security Agreement, granting a deed of trust lien on the property described therein,("Mortgaged Property's to secure the payment of the Series 2007 Bonds,and any other amounts or obligations secured thereby,dated May 1,2007,and recorded May 9,2007 in Book 1103 at Page 316 in the office of the Recorder of Deeds,Platte County,Missouri("Mortgage'). B. The City of Riverside, Missouri ("City') is in the process of building public infrastructure which benefits the Mortgaged Property. C. In connection with such public infrastructure, it is necessary that various easements be granted on the Mortgaged Property, all of which are listed and described on Exhibit A attached hereto ("Easements"), in favor of the City, whose address is 2950 N.W. Vivion Road,Riverside,Missouri 64150. D. Pursuant to the Financing Agreement,the City has directed the Mortgagor to grant such Easements to the City. E. Pursuant to the Financing Agreement,it is also necessary that the Mortgagee subordinate its Iien to such Easements. AGREEMENT: NOW, THEREFORE, in consideration of these Recitals, the mutual benefits and obligations accruing under this and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged,the parties agree as follows: The Mortgagee, as the holder of the Mortgage, in the principal amount of$30,265,000.00 for the Series 2007A bonds and $10,000,000.00 for the Series 2007B bonds, does hereby grant its consent to all of the Easements as described on Exhibit A and does hereby subordinate the priority and superiority of the Mortgage and any Assignment of Mortgagee's interest in Leases or UCC-1 Financing Statements and similar documents given in connection therewith and all amendments to such documents,to the priority of the Easements. Notwithstanding the foregoing, this subordination of Mortgagee's lien on the Easements shall not affect the remaining Mortgaged Property or the indebtedness thereof on the Mortgage or Financing Agreement. Mortgagee does not intend to subordinate its Mortgage or any other document evidencing, concerning or securing an indebtedness to Mortgagee to any other lien or encumbrance other than the aforementioned Easements as described on Exhibit A. Furthermore, Mortgagee agrees that no foreclosure of the Mortgage or deed or conveyance in lieu thereof shall extinguish the Easements granted herein. This Subordination Agreement shall be binding upon Mortgagor and Mortgagee and their respective successors and assigns. Mortgagor and Mortgagee hereby agree to execute,acknowledge and deliver such further instruments as may be necessary or appropriate to effectuate the purpose of this subordination. Except as specifically referenced herein, this Subordination Agreement shall not modify said Deed of Trust or any of the documents given by Mortgagees in connection therewith. Each of the parties hereby represents that it has the capacity and authority to execute and deliver this Subordination Agreement. 2 IN WITNESS WHEREOF,the parties hereto have caused this Subordination Agreement to be executed as of the day and year first above written. UMB BANK,N.A. By: Name:Brent W.Keep Title:Vice-President MORTGAGEE ACKNOWLEDGEMENT STATE OF MISSOURI } } SS: COUNTY OF JACKSON } On this,the_day of 2007,before me,the undersigned,a Notary Public, appeared Brent W.Keep,who being before me duly sworn did say that he is a Vice President of UMB Bank,N.A.,a national banking association organized under the laws of the United States of America and that the seal affixed to the foregoing instrument is the seal of said association, and that said instrument was signed and sealed on behalf of said association by authority of its board of directors,and said official acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said association. IN WITNESS WHEREOF,I hereunder set my hand and affixed my notary seal,the day and year last above written. Notary Public My commission expires: 3 The undersigned Mortgagor does hereby consent and agree to the terms of this Subordination Agreement. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI Leland Finley,Vice-President MORTGAGOR ATTEST: [seal] Sarah Thompson,Assistant Secretary ACKNOWLEDGEMENT STATE OF MISSOURI } ) SS. COUNTY OF PLATTE } On this,the_day of 2007,before me,the undersigned, a Notary Public, appeared Leland Finley,who being before me duly sworn did say that he is the Vice-President of THE INDUSTRIAL DEVELOPMENT AUTHORITY FO THE CITY OF RIVERSIDE, MISSOURI.,a public corporation organized and existing under the laws of the State of Missouri and that the seal affixed to the foregoing instrument is the seal of said corporation,and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors,and said official acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said corporation. IN WITNESS WHEREOF,I hereunder set my hand and affixed my notary seal,the day and year last above written. Notary Public My commission expires: 4 Exhibit A A TRACT OF LAND FOR PERMANENT DRAINAGE CHANNEL EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5 AND THE NORTHEAST QUARTER OF FRACTIONAL SECTION 8,ALL IN TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT 11+11 AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1178.07 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 971.93 FEET; THENCE S14030'28"W CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 153.18 FEET; THENCE S72°11'33"W, A DISTANCE OF 212.36 FEET; THENCE N15015'38"E, A DISTANCE OF 1810.71 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE 969°03'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 137.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635; THENCE S13047'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 556.63 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 277,313 SQUARE FEET OR 6.3662 ACRES,MORE OR LESS. Also,A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 50 NORTH,RANGE 33 WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1098.46 FEET, THENCE N01°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 356.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED,AND BEING THE POINT OF BEGINNING; 5 THENCE S54012'36W, A DISTANCE OF 140.71 FEET; THENCE S80°38156"W, A DISTANCE OF 82.08 FEET; THENCE N090211041W, A DISTANCE OF 20.00 FEET; THENCE N80038'56"E, A DISTANCE OF 77.38 FEET; THENCE N54°12'36"E, A DISTANCE OF 159.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635; THENCE S13047'39"W ALONG SAID WESTERLY RIGHT- OF-WAY LINE,A DISTANCE OF 30.85 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,597 SQUARE FEET OR 0.1055 ACRES, MORE OR LESS. Also,A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 50 NORTH,RANGE 33 WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88�48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE NOl°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 414.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. IN'T'ERSTATE 1-635,AS NOW ESTABLISHED,AND BEING THE POINT OF BEGINNING; THENCE S13047'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.76 FEET; THENCE S55001'06"W, A DISTANCE OF 83.97 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 25037'50" AND A RADIUS OF 67.50 FEET, FOR AN ARC DISTANCE OF 30.20 FEET, THENCE S80°38'56"W, A DISTANCE OF 117.67 FEET; THENCE N09021'04"W, A DISTANCE OF 15.00 FEET; THENCE N80°38'56"E, A DISTANCE OF 117.67 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 2537'50" AND A RADIUS OF 52.50 FEET, FOR AN ARC DISTANCE OF 23.49 FEET; THENCE N55°01'06"E, A DISTANCE OF 101.09 FEET TO THE POW OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 3,556 SQUARE FEET OR 0.0816 ACRES, MORE OR LESS. Also,A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 50 NORTH,RANGE 33 WEST, IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 6 COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "V' AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88048'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1496.98 FEET; THENCE N01°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 218.23 FEET TO THE POINT OF BEGINNING; THENCE S80034'03"W, A DISTANCE OF 113.80 FEET; THENCE N09°25'57"W, A DISTANCE OF 20.00 FEET; THENCE N80034'03"E,A DISTANCE OF 65.83 FEET; THENCE S09°21'W'E, A DISTANCE OF 5.96 FEET; THENCE N80°38'56"E, A DISTANCE OF 48.00 FEET; THENCE S09°21'04"E, A DISTANCE OF 13.97 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 1,988 SQUARE FEET OR 0.0456 ACRES, MORE OR LESS. Also,A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5,TOWNSHIP 50 NORTH,RANGE 33 WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983,WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND 1-1/2 INCH DIAMETER IRON PIPE WITH NAIL, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61553; THENCE S00029'1 I"W' ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 5, A DISTANCE OF 2110.56 FEET; THENCE S89030'49"E ALONG A LINE THAT IS PERPENDICULAR TO SAID WEST LINE, A DISTANCE OF 410.96 FEET TO THE POINT OF BEGINNING; THENCE S89°35'34"E, A DISTANCE OF 1713.63 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 20°34'33" AND A RADIUS OF 682.00 FEET, FOR AN ARC DISTANCE OF 244.92 FEET, THENCE S69001'01"E, A DISTANCE OF 811.32 FEET; THENCE EASTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 30°20'03" AND A RADIUS OF 658.00 FEET, FOR AN ARC DISTANCE OF 348.37 FEET, THENCE N80°38'56"E, A DISTANCE OF 227.23 FEET; THENCE S09°21104"E, A DISTANCE OF 24.00 FEET; THENCE S80038'56"W, A DISTANCE OF 227.23 FEET; THENCE WESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 30020'03" AND A RADIUS OF 682.00 FEET, FOR AN ARC DISTANCE OF 361.07 FEET; THENCE N69°01'01"W, A DISTANCE OF 811.32 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 20034'33" AND A RADIUS OF 658.00 FEET, FOR AN ARC DISTANCE OF 236.30 FEET,THENCE N89035'34"W,A DISTANCE OF 1708.83 FEET;THENCE N10°54'10"W, A DISTANCE OF 24.48 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 80,283 SQUARE FEET OR 1.8430 ACRES, MORE OR LESS. 7 Also,A TRACT OF LAND FOR PERMANENT UTILITY EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 50 NORTH, RANGE 33 WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983,WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE N01°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 414.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED,AND BEING THE POINT OF BEGINNING; THENCE S55°01'06"W, A DISTANCE OF 87.54 FEET, THENCE S82°32'24"W, A DISTANCE OF 220.50 FEET, THENCE S81003'08"W, A DISTANCE OF 51.94 FEET; THENCE S09050'08"E, A DISTANCE OF 26.56 FEET, THENCE S80009'52"W, A DISTANCE OF 5.00 FEET; THENCE N09°50'08"W, A DISTANCE OF 26.63 FEET; THENCE S81°03'08"W, A DISTANCE OF 17.15 FEET; THENCE S09°21'04"E, A DISTANCE OF 29.80 FEET, THENCE S80038'56"W, A DISTANCE OF 5.00 FEET; THENCE N09021'04"W, A DISTANCE OF 39.84 FEET, THENCE N81003'08"E, A DISTANCE OF 79.29 FEET; THENCE N82°32'24"E, A DISTANCE OF 218.18 FEET; THENCE N55001'06"E, A DISTANCE OF 96.51 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID U.S. INTERSTATE I-635;THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.17 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,188 SQUARE FEET OR 0.0961 ACRES, MORE OR LESS. Also,A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 50 NORTH,RANGE 33 WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88°48100"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 253.73 FEET TO THE POINT OF BEGINNING; THENCE 8 CONTINUING N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.34 FEET; THENCE S49°03'03"E, A DISTANCE OF 35.52 FEET; THENCE S40-56'5-PW, A DISTANCE OF 20.00 FEET; THENCE N49003'03"W, A DISTANCE OF 25.56 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 611 SQUARE FEET OR 0.0140 ACRES, MORE OR LESS. Also,A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 50 NORTH,RANGE 33 WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 300.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N14028'23'2 ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S74°55'44"E, A DISTANCE OF 103.01 FEET; THENCE S69°03'26'2, A DISTANCE OF 219.00 FEET; THENCE N20056'34"E, A DISTANCE OF 8.55 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE S69003'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S20056'34"W, A DISTANCE OF 23.55 FEET; THENCE N69003'26"W, A DISTANCE OF 233.23 FEET; THENCE N74°55'44"W, A DISTANCE OF 102.08 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 5,171 SQUARE FEET OR 0.1187 ACRES, MORE OR LESS. Also,A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4,TOWNSHIP 50 NORTH,RANGE 33 WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 4, T50N, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N89°10'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 1023.26 FEET; THENCE N00°49'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID 9 SOUTH LINE,A DISTANCE OF 245.40 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S50°19'04"W, A DISTANCE OF 53.61 FEET; THENCE N84°40'56"W, A DISTANCE OF 124.95 FEET; THENCE N05°19'04"E, A DISTANCE OF 137.32 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MISSOURI STATE HIGHWAY 9; THENCE S53°16'51'B ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 17.57 FEET; THENCE S05019'04"W, A DISTANCE OF 113.17 FEET; THENCE S84040'56'E, A DISTANCE OF 103.74 FEET; THENCE N50019'04"E, A DISTANCE OF 43.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MISSOURI STATE HIGHWAY 9;THENCE S53016'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.43 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,324 SQUARE FEET OR 0.0993 ACRES, MORE OR LESS. 10 019360 't'T StAiE OF H{SSC'J :Is COUNrY OF PI.i TIE �ICERI:FYINsIRUMENTHECEIYEO ;. ` T i 1� 10 • - r 2001 CEC 21 P � a� 1 T7&J.31a RECOROEO B�W.1, G RILIR1-'--CER GLORIA BOYeR.PLAT CO. a. r Title of Document: SUBORDINATION AGREEMENT Date of Document: December 19,2007 Grantor: UMB BANK,N.A., 1010 Grand Blvd.,4th Floor Kansas City,Missouri, 64106 ' Grantee: THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI ut 2950 NW Vivion C131 Riverside,Missouri 64150 c• .1170- -L—m and a THE CITY OF RIVERSIDE,MISSOURI 2950 NW Vivion Road Riverside,Missouri 64150 Legal: See Exhibit A,including Exhibits A-1 through A-9 Reference: BKII12POI05 BK1IIIPG855 BKIIIIPG856 BKIIIIPG857 BKIIIIP0858 BKIIIIPG859 BK1IIIPG860 BKIIIIPG861 BKIIIIP0862 Return Recorded Document to Deborah A.Polk 2345 Grand,Suite 2000 Kansas City,MO 64108 Platte Countv-PUBLIC Bonk:1115 Peas:411 DT SUB Pea&1 of 44 SUBORDINATION AGREEMENT THIS AGREEMENT is made as of this 191i day of December, 2007, between UMB BANK, N.A., a national association duly organized and existing under the laws of the United States of America having a corporate trust office located at UMB Bank,N.A., 1010 Grand Blvd., 4th Floor, Kansas City, Missouri 64106, Attention: Corporate Trust Department, and its successors and assigns, ("Mortgagee"), and THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI,a public corporation organized and existing under the laws of the State of Missouri, having its principal office located at 2950 NW Vivion, Riverside, Missouri 64150, ("Mortgagor") for the benefit of the CITY OF RIVERSIDE, MISSOURI, a fourth class municipality of the State of Missouri, having an address of 2950 NW Vivion Road,Riverside,Missouri 64150, ("City"). RECITALS: A. Mortgagee and Mortgagor previously entered into a series of loan and security documents, including(but without limitation): m (i) A Financing and Cooperation Agreement dated May 1,2007 between The —; Industrial Development Authority of the City of Riverside,Missouri and UMB, N.A.,recorded May 9,2007 in Book 1103 at Page 315 in the office of the Recorder of Deeds, Platte County,Missouri("Financing Agreement"). ; (ii) A Deed of Trust and Security Agreement,granting a deed of trust lien on the property described therein,("Mortgaged Property')to secure the payment of the Series 2007 Bonds,and any other amounts or obligations secured thereby,dated T: May 1,2007,and recorded May 9,2007 in Book 1103 at Page 316 in the office of the Recorder of Deeds,Platte County,Missouri("Mortgage'). B. The City of Riverside, Missouri ("City") is in the process of building public infrastructure which benefits the Mortgaged Property. C. In connection with such public infrastructure, it is necessary that various easements be granted on the Mortgaged Property, all of which are listed and described on Exhibit A attached hereto("Easements"), in favor of the City. D. Pursuant to the Financing Agreement,the City has directed the Mortgagor to grant such Easements to the City. E. Pursuant to the Financing Agreement,it is also necessary that the Mortgagee subordinate its lien to such Easements. Platte Count-PUBLIC Book:1115 Peae:411 OT SUB Paas 2 of 94 AGREEMENT: NOW, THEREFORE, in consideration of these Recitals, the mutual benefits and obligations accruing under this and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged,the parties agree as follows: The Mortgagee,as the holder of the Mortgage,in the principal amount of$30,265,000.00 for the Series 2007A bonds and $10,000,000.00 for the Series 2007B bonds, does hereby grant its consent to all of the Easements as described on Exhibit A and does hereby subordinate the priority and superiority of the Mortgage and any Assignment of Mortgagee's interest in Leases or UCC-1 Financing Statements and similar documents given in connection therewith and all amendments to such documents,to the priority of the Easements. Notwithstanding the foregoing, this subordination of Mortgagee's lien on the Easements shall not affect the remaining Mortgaged Property or the indebtedness thereof on the Mortgage or Financing Agreement. Mortgagee does not intend to subordinate its Mortgage or any other document evidencing, concerning or securing an indebtedness to Mortgagee to any other lien or encumbrance other than the aforementioned Easements as described on Exhibit A. Furthermore, Mortgagee agrees that no foreclosure of the Mortgage or deed or conveyance in lieu thereof shall extinguish the Easements granted herein. This Subordination Agreement shall be binding upon Mortgagor and Mortgagee and their respective successors and assigns. Mortgagor and Mortgagee hereby agree to execute,acknowledge and deliver such further instruments as may be necessary or appropriate to effectuate the purpose of this subordination. Except as specifically referenced herein, this Subordination Agreement shall not modify . said Deed of Trust or any of the documents given by Mortgagees in connection therewith. ; •O Each of the parties hereby represents that it has the capacity and authority to execute and . deliver this Subordination Agreement. aa+ 2 Pelle County-PUBLIC Book. 1115 Pena:411 DT SUB Peas 3 of 44 IN WITNESS WHEREOF, the patties hereto have caused this Subordination Agreement to be executed as of the day and year first above written. UMB BANK,N.A. By: Name:Brent W. Keep Title:Vice-President MORTGAGEE ACKNOWLEDGEMENT STATE OF MISSOURI } } SS: COUNTY OF JACKSON/I } On this,thel*day of Ala#Af ,2007,before me,the undersigned,a Notary Public, appeared Brent W.Keep, who being before me duly sworn did say that he is a Vice President of UMB Bank,NA.,a national banking association organized under the laws of the United States of America and that the seal affixed to the foregoing instrument is the seal of said association, and that said instrument was signed and sealed on behalf of said association by authority of its e.n board of directors,and said official acknowledged said instrument to be executed for the • -0 purposes therein stated and as the free act and deed of said association. C:) 4:7- IN WITNESS WHEREOF, I hereunder set my hand and afF ed my notary seal,the day �— and year last above written. 1 Notary Public My commission expires: "AS.Knkm Nobly PLW-NOW V Sod STATE OF MISSOURI CLINTON COUNTY My CeMAft w Exp* Feb.2t,2014 Canrtiusma•070192YY 3 PleNe County-PUBLIC Back:1115 Pepe:411 DT SUB Peas 4 @-Z4 The undersigned Mortgagor does hereby consent and agree to the terms of this Subordination Agreement. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI Name:Leland Finley Title: VicePresident MORTGAGOR ATTEST: [seal] 4Sarah71hpompson ssistant Secretary ACKNOWLEDGEMENT STATE OF MISSOURI } Ul } SS: COUNTY OF PLATTE } O r• On this,the 19'k day of December,2007,before me,the undersigned,a Notary Public,appeared -- Leland Finley,who being before me duly sworn did say that he is the Vice President of THE ra- INDUSTRIAL DEVELOPMENT AUTHORITY FO THE CITY OF RIVERSIDE,MISSOURI., a public corporation organized and existing under the laws of the State of Missouri and that the seal affixed to the foregoing instrument is the seal of said corporation,and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors,and said official acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said corporation. IN WITNESS WHEREOF,I hereunder set my hand and affixed my notary seal,the day and year last above written. Notary Public My mmission eXplreB: NOTARY PUBLIC-NOTAWSM P10- 5 Mr coCnE:: 4401 1R�A.2C'79 Y. . 5G—E4l tttltwtr►�LCM seaJ 4 W rR28. �'pgYadtlaR4 iia ; Platte Couoty-PUBLIC Book:1115 Peas:411 DT SUB Pme 5 of 44 Exhibit A Utility Easement for Permanent Sanitary Sewer Easement dated September 26, 2007,recorded at BKI 112PGIOS and attached as Exhibit A-1. Utility Easement for Permanent Utility Easement dated September 26,2007, recorded at BKI 111PG855 and attached as Exhibit A-2. Utility Easement for Permanent Sanitary Sewer Easement dated September 26, 2007, recorded at BKI1 11PG856 and attached as Exhibit A-3. Utility Easement for Permanent Sanitary Sewer Easement dated September 26, 2007, recorded at BKI l 11 PG857 and attached as Exhibit A4. Temporary Construction Easement dated September 26, 2007, recorded at BKI 111POS58 and attached as Exhibit A-5. Utility Easement for Permanent Sanitary Sewer Easement dated September 26, 2007, recorded at BKI 1 I 1 PG859 and attached as Exhibit A-6, Utility Easement for Permanent Sanitary Sewer Easement dated September 26, 2007, x recorded at BKI 111 PG860 and attached as Exhibit A-7. ' Utility Easement for Permanent Sanitary Sewer Easement dated September 26, 2007, Cl1 recorded at BKI l l IPG861 and attached as Exhibit A-8, -o Storm Drainage Easement dated September 26, 2007, recorded at BK1111PG862 and G r attached as Exhibit A-9. ._ P/e/fe County-PUBLIC Book: 1115 Paas:411 DT SUB Peas 9 of 44 Exhibit A-1 Utility Easement for Permanent Sanitary Sewer Easement dated September 26,2007,recorded at BK l 112PG 105. c.n � ro •O. Platte Coanty-PUBLIC Book.,1115 Paas:411 D7 SUB Paas 7 of 44 016044 3 STATE OF MIS``SOURCi qS ICERTIFYIN$TRUMEN flECE1Yf0 I ��2ppI 0pp97OCT-9 P 3--08 8 l OMLORtAMILK C%. 0- Lly�* UTILITY EASEMENT THIS AGREEMENT,made and entered into thisA�"day of September,2007,by and between:The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950.N.W. Vivion Road, cn Riverside,Missouri 64150,Grantor, and the City of Riverside,Missouri, a fourth class city of the ;�ij State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150,Grantee. c::)- WITNESSETH,that the Grantor,in consideration of the sum of One and no/100's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of 77- which hereby acknowledged, does by these presents grant,bargain, sell,convey,and confirm unto said Grantee,its successors and assigns,a Utility Easement over,along,across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay,construct, install,patrol, operate, maintain, inspect,alter, repair, rebuild,replace and remove a permanent sanitary sewer, all necessary foreemains and all necessary ov appurtenances thereto over, under,through, across and upon the following described lands in Platte �c County,Missouri,to wit: ` A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES PV LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, . 'LTi RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Ul COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF. VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88048'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE N01*12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 414.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 1-635,AS NOW ESTABLISHED,AND BEING THE POINT OF BEGINNING; THENCE S13047'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.76 FEET; THENCE S55001'06"W, A DISTANCE OF 83.97 FEET; THENCE Piano County-PUBLIC Bonk:1115 Paas:411 DT SUB Peas 8 or44 SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 25037'50"AND A RADIUS OF 67.50 FEET, FOR AN ARC DISTANCE OF 30.20 FEET; THENCE S80°38'56"W, A DISTANCE OF 117.67 FEET; THENCE N09021'04"W, A DISTANCE OF 15.00 FEET; THENCE N80038'56"E, A DISTANCE OF 117.67 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 25037'50" AND A RADIUS OF 52.50 FEET, FOR AN ARC DISTANCE OF 23.49 FEET; THENCE N55001'06"E, A DISTANCE OF 101.09 FEET TO THE POINT OF BEGINNING. TIM TRACT DESCRIBED ABOVE CONTAINS 3,556 SQUARE FEET OR 0.0816 ACRES, MORE OR LESS. GRANTEE, its successors and assigns,shall have the right of ownership,use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than o,+ fences on said easement. r GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenanee or repair operations. Grantee further agrees that any Uwe, shrubbery,buildings,fences,or growing crops damaged during laying , or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. tV TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto m belonging or in any way appertaining,unto the City of Riverside, and to its successors and assigns —' forever. C> CA 2 Plante County-PUBLIC Book: 1115 Peas:411 DT SUB Peas 9 of 44 '. 016044 IN wl TNESS WMEOF,the said Grantor,has hereunto set hands this day of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI [SEAL] Bye Lela d Finley,Vice President ATTEST: Sarah Thompson,Ass(. Secretary cn ACKNOWLEDGMENT ems-► STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS ay of September, 2007, before me,the undersigned, a Notary Public in and for said County and State,personally appeared Leland Finley to me personally known,who being by me duly sworn,did say that he is the Vice President of The Industrial Development Authority of �. the City of Riverside,Missouri,a public corporation duly organized and existing under the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said N Authority, and that said instrument was signed and sealed in behalf of said Authority by „ authority of its Board of Directors, and said individual acknowledged said instrument to be the ,® free act and deed of said Authority. WTI'NESS my hand and official seal in the County and State aforesaid,the day and year fust above t' I written. N Public Si ;CWCZ;W"t"b*"28'i .a« Printed or Typed N e ' My mmission Expires: (Seal) 3 Ak Platte Counry-PUBLIC Baok:1115 Peas:411 DT SUB Paoe f 0 W 4444 Exhibit A-2 Utility Easement for Permanent Utility Easement dated September 26, 2007,recorded at BK I 1 I 1 PG855. w 4 Aft Platte Countv-PUBUC Book 1115 Peas:411 DT SUB Psae 11 o144 • . 015'795 STA OF MISSOURI SS ' COU OF PLATTE ICERTIFY INSTRUMENtRECEIVED YOGI OCT-4 A 9:0��3��9 � P UTILITY EASEMENT THIS AGREEMENT,made and entered into thisd ay of September,2007,by and between:The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150,Grantor,and the City of Riverside,Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor,in consideration of the sum of One and no/100's Dollars($I.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of Ai which hereby acknowledged, does by these presents grant,bargain, sell, convey, and confirm unto F"T"i said Grantee,its successors and assigns,a Utility Easement over,along,across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install,patrol, operate,maintain,inspect, alter,repair, ;04 rebuild,replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary ©• appurtenances thereto over, under,through,across and upon the following described lands in Platte Wa • County,Missouri,to wit: W1 01 A TRACT OF LAND FOR PERMANENT UTILITY EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED -. TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND CA MORE PARTICULARLY DESCRIBED AS FOLLOWS: v� 0 COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88°49'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE N01°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 414.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 1-635,AS NOW ESTABLISHED,AND BEING THE POINT OF BEGINNING; THENCE S55°01'06"W, A DISTANCE OF 87.54 FEET; THENCE S82e32'24"W, A DISTANCE OF 220.50 FEET; THENCE S81003'08"W, A DISTANCE OF 51.94 FEET; -Irryowtma n Aw Platte County-PUBLIC Book.,1115 Pace:411 DT SUB Peae 12 of THENCE S09°50'08"E, A• DISTANCE OF 26.56 FEET; THENCE 880°09'52"W, A DISTANCE OF 5.00 FEET; THENCE N09°50'08"W, A DISTANCE OF 26.63 FEET; THENCE S81°03'08"W, A DISTANCE OF 17.15 FEET; THENCE S09°21'04"E, A DISTANCE OF 29.80 FEET; THENCE S80°38'56"W, A DISTANCE OF 5.00 FEET; THENCE N09021'04"W, A DISTANCE OF 39.84 FEET; THENCE N81°03'08"E, A DISTANCE OF 79.29 FEET; THENCE N82°32'24"E, A DISTANCE OF 218.18 FEET; THENCE N55°01'06"E, A DISTANCE OF 96.51 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID U.S. INTERSTATE I-635;THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.17 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,188 SQUARE FEET OR 0.0961 ACRES, !—�- MORE OR LESS, -y GRANTEE, its successors and assigns,shall have the right of ownership, use and control of all of ; the sanitary sewer,all forcemains and other equipment through the above described property and for . all proper purposes connected with the installation, use, maintenance, and replacement of the C, sanitary sewer and all forcemains(and other equipment). . r: GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition,after laying of said sanitary sewer and forcemains,or any subsequent maintenance or repair operations. Grantee ^^ furdter agrees that any trees, shrubbery, buildings,fences,or growing crops damaged during laying chi or maintenance operations,will be restored to original condition insofar as practicable. Q . 00 - THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant ul running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside,and to its successors and assigns forever. 2 Plante County-PUBLIC Book: 1115 Pepe:411 DT SUB Pecs 13 of 44 . s 015795 • IN WITNESS WHEREOF,the said Grantor, has hereunto set hands this l�"day of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSO [SEAL) By. Leland Finley,Vice President ATTEST: X X..y B Sarah Thompson,Arsst. Secretary N • --Cf ACKNOWLEDGMENT C' O, STATE OF MISSOURI )SS COUNTY OF PLATTE ��tl ON THISZAay of September,2007,before me, the undersigned, a Notary Public in and for -11w? said County and State,personally appeared Leland Finley to me personally known,who being by _ me duly sworn,did say that he is the Vice President of The Industrial Development Authority of the City of Riverside, Missouri,a public corporation duly organized and existing under the laws ' of the State of Missouri,and that the seal affixed to the foregoing instrument is the seal of said ,ate" Authority, and that said instrument was signed and sealed in behalf of said Authority by „4A . authority of its Board of Directors, and said individual acknowledged said instrument to be the •:GRt free act and deed of said Authority. WITNESS my hand and official seal in the County and State aforesaid,the day and year first above written. +NoPublic ature, CSS J Printed or Typed Nanic My C ission Expires: (Seal) o?�m20D� tt tt�ietAwffcMara+�_y1Gt MrWMO + 'i"oswn 'a2 '2009 3 P/aNe County-PUBLIC Book:1115 Pepe:411 OT SUB Peas 14 of 44 Exhibit A-3 Utility Easement for Permanent Sanitary Sewer Easement dated September 26,2007,recorded at BKI I I IPG856. • cn -o 0 Patle County-PUBLIC Book:1115 Peas:411 DT SUB Peas 15 of 44 TAS oF�alssouRl OIV96 YO PLATTE SS 1 CERTIFY TRUNENT RECEIVED 2901 OCT 4 A 9=o4 s UTILITY EASEMENT :o, THIS AGREEMENT,made and entered into thisA?day of September,2007,by and between:The -- Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside,Missouri 64150,Grantor,and the City of Riverside,Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor,in consideration of the sum of One and no/100's Dollars(81.00), and other good and valuable consideration to it paid by the Grantee,thereceipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto r:- said Grantee,its successors and assigns,a Utility Easement over,along,across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey,lay,construct,install,patrol,operate,maintain, inspect,alter,reps r, o. rebuild,replace and remove a permanent sanitary sewer,all necessary forcemains and all necessary CO appurtenances thereto over,under,through,across and upon the following described lands in Platte Comity,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOU'T'HEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, -PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88048'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1496.98 FEET; THENCE N01°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 218.23 FEET TO THE POINT OF BEGINNING; THENCE S80°34'03"W, A DISTANCE OF 113.80 FEET; THENCE N09°25'57"W, A DISTANCE OF 20.00 FEET; THENCE N80'34'03"E, A DISTANCE OF 65.83 FEET;THENCE SW21TNT, A DISTANCE OF 5.96 A . Peke County-PUBLIC Book:1115 Paas:411 DT SUB Pepe 18 of 04 FEET; THENCE N80038'56"E, A DISTANCE OF 48.00 FEET; THENCE S09°21'04'E, A DISTANCE OF 13.97 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 1,988 SQUARE FEET OR 0.0456 ACRES, MORE OR LESS. GRANTEE, its successors and assigns,shall have the right of ownership,use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and — forcemains, by erecting, or causing or allowing to be erected, any building or structure other than c n fences on said easement. • —v c� GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains,or any subsequent maintenance or repair operations. Grantee further agrees that any trees,shrubbery,buildings,fences,or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. i TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto —' belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. GRO IN WITNESS WHEREOF,the said Grantor,has hereunto set hands this day of September, . 2007. Q! THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI [SEAL] By: Leland Finley,Vice President ATTEST: B ' Sarah ompson,Aske retary 2 Platte Caunly-PUBLIC Book.,1115 Pane:411 DT SUB Peas 17 of 44 015'796 ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PPLATTE ON THIS !�dayof September,2007,before me,the undersigned,a Notary Public in and for said County and State,personally appeared Leland Finley to me personally known,who being by me duly sworn,did say that he is the Vice President of The Industrial Development Authority of the City of Riverside,Missouri, a public corporation duly organized and existing under the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said -D Authority, and that said instrument was signed and sealed in behalf of said Authority by 0 authority of its Board of Directors, and said individual acknowledged said instrument to be the free act and deed of said Authority. WITNESS my hand and official seal in the ty and State aforesaid,the day and year first above r written. Public Signature aldiofMh ow SAL ,fir. Myt:owxExpk 29.2mg Printed or Typed Comm',don o cs4a4, .. - _ My mmission Expires: '�r' r•4v�' Nd1b 3 Pfaffe County-PUBLIC Book:1115 Pepe'411 DT SUS Peas 18 044 Exhibit A-4 Utility Easement for Permanent Sanitary Sewer Easement dated September 26,2007,recorded at BKI 11 I P0857. CA -o c� •O• Platte Countv-PUBLIC Book:1115 Peau 411 DT SUB Peas 19 of 44 5' 015797 STTA5OFOf p656#1 SS 1 CERTIFY INSTRUMENT RECEIVED 2101OCT-4 A 91058 12 �L D'eutf 01" UTILITY EASEMENT ' THIS AGREEMENT,made and entered into thisdayof September,2007,by and between:The ' Industrial Development Authority of the City of Riverside, Missouri, a public corporation , organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, r; Riverside, Missouri 64150, Grantor,and the City of Riverside,Missouri,a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150, Grantee. WITNESSETH,that the Grantor,in consideration of the sum of One and noll00's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of q?- which -which hereby acknowledged, does by these presents grant,bargain, sell,convey,and confirm unto said Grantee,its successors and assigns,a Utility Easement over,along,across, and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter Ln: upon said easement to survey, lay, construct, install,patrol, operate, maintain,inspect, alter,repair, . rebuild,replace and remove a permanent sanitary sewer,all necessary forcemams and all necessary O appurtenances thereto over, under,through,across and upon the following described lands in Platte r' County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983,WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88048100"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1098.46 FEET; THENCE N01*12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 356.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S.INTERSTATE I-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S54°12'36"W, A DISTANCE OF 140.71 FEET; THENCE S80°38'56"W, A DISTANCE OF 82.08 FEET; THENCE N09'21'04"W, A DISTANCE OF tk'm.v� Platte County-PUBLIC Book:1115 Pace:411 DT SUB - Paae 00 0144 20,00 FEET; THENCE N80038'56"E, A DISTANCE OF 77.38 FEET; THENCE N54012'36"E, A DISTANCE OF 159.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF U.S.INTERSTATE I-635; THENCE S13047'39"W ALONG SAID WESTERLY RIGHT- OF-WAY LINE,A DISTANCE OF 30.85 FEET TO THE POINT OF BEGINNING, THE TRACT DESCRIBED ABOVE CONTAINS 4,597 SQUARE FEET OR 0.1055 ACRES, MORE OR LESS. GRANTEE,its successors and assigns,shall have the right of ownership,use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. WO lL GRANTOR further states that it is lawfully seized of title to the land through which said easement ',IM" is granted and that it has good and lawful right to convey said easement to the Grantee herein. .�" • .r7n ,,=;r GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee > Anther agrees that any trees,shrubbery,buildings, fences,or growing crops damaged during laying C= or maintenance operations,will be restored to original condition insofar as practicable. -CA THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns W forever. ae IN WITNESS WHEREOF,the said Grantor, has hereunto set hands this,!�Oday of September, — 2007. r n , -o THE INDUSTRIAL DEVELOPMENT o AUTHORITY OF THE CITY OF " RIVERSIDE,MISSOURI [SEAL] By: LelfindIffitley,Vice Pr6sident ATTEST: By. Sarah ompson,As ecretary 2 P/ama Countv-PUBLIC Book: 1115 Paas:411 DT SUB Pace 21 of 44 015797 • ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THI$ 4ay of September,2007,before me,the undersigned, a Notary Public in and for said County and State,personally appeared Leland Finley to me personally known,who being by .X- me duly sworn, did say that he is the Vice President of The Industrial Development Authority of ' the City of Riverside, Missouri, a public corporation duly organized and existing under the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said Un Authority, and that said instrument was signed and sealed in behalf of said Authority by —0 authority of its Board of Directors, and said individual acknowledged said instrument to be the p free act and deed of said Authority. WITNESS my hand and official seal in the Coun and State aforesaid,the day and year first above written. l Public Signa °p���209 Printed or Typed Name My Co ission Expires: ' (tel) :v o 3 Pfaue CoueN-PUBLIC Book:1115 Paw.,411 DT SUB Pepe 22 of 44 Exhibit A-5 Temporary Construction Easement dated September 26,2007,recorded at HK1111PG858. ,._. L pro ' • O Peke Countv-PUBLIC Book: 1115 Peau 411 DT SUB Pace 23 of 44 015798 jWE OF ASS90Ri 55 COWTYOFpt 1J11 I I;ERTIFY INSTRU T RECEIVED .1101 OCT.4 A 9106�gs$ L52 � �'l'' �e�VhY Project Name:Riverside Fora Mein Tied No.Levee•N TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT,made and entered into this day of September,2007 is by and between The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri,having an address of 2950 N.W. Vivion Road, Riverside, Missouri, hereinafter called GRANTOR, for and in consideration of the sum of One and no,4Ws Dollars ($1.00), and other good and valuable considerations, the receipt and sufficiency of which hereby acknowledged, does hereby grant, bargain, sell, convey, and confirm unto the City of Riverside,a fourth class city of the State of Missouri,having an address of : 2950 N.W. Vivion Road, Riverside, Missouri, hereinafter called GRANTEE, a Temporary ' Construction Easement for use in the establishment, building and construction of public streets, ' alleys, roadways and thoroughfares (together with all necessary appurtenances thereto) and widening,re-establishment,reconstruction,and repair of existing streets,alloys,thoroughfares,and ' roadways; the construction, reconstmetion and repair of sanitary sewer lines, foreemains, water .d lines,storm sewers,drainage ditches,waterways,and other municipal projects;on,over,under,and GO` across the following described land in the County of Platte,and the State of Missouri,to-wit: ' qp A TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: : =� COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF _• SECTION 4, T50N, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PER cTt CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N89°10'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1227.06 t� FEET; THENCE N00049'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 177.36 FEET TO THE POINT OF BEGINNING; THENCE N05041'32"E, A DISTANCE OF 203.76 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED; THENCE S53'16'51'E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 238.23 I rn ,wr AfftnJA �nw A.JnrlA Platte County-PUBLIC Book:1115 Paas:411 DT SUB Pepe 24 or44 FEET; THENCE SO4042'55"W,A DISTANCE OF 132.75 FEET; THENCE N70°13'•45"W, A DISTANCE OF 212.80 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 34,437 SQUARE FEET OR 0.7906 ACRES, MORE OR LESS. GRANTEE, its employees and duty authorized agents, its contractors and their employees shall have the right to enter upon above described land at any and all times to construct, build, repair, survey; operate and store machinery and equipment; establish, alter and change grade and contour of the land; remove trees, brush, shrubbery, bushes, permanent structures and personal property including fences; and to use land for all reasonable purposes during the construction period of the project,and for ninety(90)days thereafter,at which time all rights of GRANTEE herein conveyed in above described lazed shall terminate and cease. GRANTEE, agrees that it will restore, replace, relocate, and repair all existing permanent _ improvements located within the easement area,which are damaged or temporarily removed during the course of construction. Such replacements shall include driveways, sidewalks, steps, fences, —No and utility installations, and GRANTEE shall grade, seed or sod,and restore yard areas damaged c7 by said construction work. Such restoration and replacement shall be at the sole expense of the CD GRANTEE, and shall be of substantially equal value to existing improvements. However, this commitment shall not be construed to require additional compensation for items herein designated for permanent removal. GRANTOR herewith acknowledges receipt of a good and sufficient consideration to compensate for any and all damage suffered or to be suffered or sustained by them as a result of removal of , trees, shrubs and other permanent improvements on the easement herein described,other than those ^' to be replaced, if any, as herein provided, together with any and all damages suffered or to be suffered or sustained by GRANTOR as a result of the relocation,construction,or maintenance of the facilities to be built by GRANTEE and any and all other damage suffered or to be suffered or sustained by GRANTOR as a result of the use of this easement by GRANTEE or its contractors, employees and agents. COP v IN WITNESS WHEREOF, the said GRANTOR, has hereunto set hands this 46*�day of OD September,2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI [SEAL) ATTEST: By: a / 611 Finley, Vice President By: Sarah Thompson,Asst.gedetary JXAJErrMwunwoor1WHO9lr.DOC 2 PtaHe County-PUBUC Book:1115 Paas:411 DT SUB Pace 25 of 44 s - 015'798 ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON TIiIS `"day of September, 2007,befoce me, the undersigned, a Notary Public io and for said County and State,personally appeared Leland Finley to me personally(mown,wlm being by x me duly sworn,did say that he is the Vice President of The Industrial Development Authority of the City of Riverside, Missouri,a public corporation duly organized and existing under the laws Of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said instrument was signed and sealed in behalf of said Authority by o authority of its Board of Directors, and said individual acknowledged said instrument to be the ; o free act and deed of said Authority. WITNESS my hand and official seal in the County and State aforesaid,the day and year first above written, lsl o blieNN�ao1-toIEId /t� PrintedorT ppwnrYOnl My fission Expires: t x (Sao .p : O0 • Co. bCL1EKM149MDM1UCVND91 DW 3 Platte County-PUBLIC Book:1115 Peas:411 DT SUB Pepe 26 of 44 Exhibit A-6 Utility Easement for Permanent Sanitary Sewer Easement dated September 26, 2007,recorded at BKI 111PG859. Cil � -o 0 w � Pians Counfv-PUBLIC Bode 1115 Peae:411 OT SUB Peas 27 of 44 015799 L spt�%OfFPosm, 5S ICERTIV tNSla'U'A ITRECEIVED ��20W OCgp7 -114Al P9.07 2 l aOalA BOYFR.PIATTE rA �'1 Def Uy UTILITY EASEMENT THIS AGREEMENT,made and entered into this�•aay of September,2007,by and between:The o Industrial Development Authority of the City of Riverside, Missouri, a public corporation 4' organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor,and the City of Riverside, Missouri,a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150,Grantee. WfINESSETH,that the Grantor,in consideration of the am of One and no/100's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto ; said Grantee,its successors and assigns,a Utility Easement over,along,across,and under the lands ; bereinafter described, including the right and privilege at any time and from tune to time to enter upon said easement to survey,lay,construct,install,patrol,operate, maintain,inspect,alter,repair, rebuild,replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary 1'9i appurtenances thereto over,under,through,across and upon the following described lands in Platte .d County,Missouri,to wit ,fill r,p A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N8S°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 1-635, AS NOW ESTABLISHED; THENCE N14028'23'% ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 300.90 FEET TO THE POINT' OF BEGINNINO; THENCE CONTINUING N14028'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S74°55'44E, A DISTANCE OF 103.01 FEET; n4 ��i[� AA - /.. n. PkfFe Courdv-PUBLIC Book: 1115 Pepe:411 OT SUB Pace 28 of 44 THENCE S69003'26"E, A DISTANCE OF 219.00 FEET; THENCE N20°56'34"E, A DISTANCE OF 8.55 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE S69°03'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S20056'34"W, A DISTANCE OF 23.55 FEET; THENCE N69003'26"W, A DISTANCE OF 233.23 FEET; THENCE N74055'44"W, A DISTANCE OF 102.08 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 5,171 SQUARE FEET OR 0.1187 ACRES, MORE OR LESS. GRANTEE,its successors and assigns,shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). o GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and foroemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition,after laying of R ! said sanitary sewer and forcemains,or any subsequent maintenance or repair operations. Grantee to fi, further agrees that any trees,shrubbery,buildings,fences,or growing crops damaged during laying ?atdr or maintenance operations,will be restored to original condition insofar as practicable. " THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant Terming with the land and shall be binding upon the successors and assigns of the Grantor. co TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto •t0 belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. 2 Plante County-PUBLIC Book:1115 Peas:411 BT SUB Peas 29 of 44 ai5'799 • j IN WITNESS WI-IP.REOF,the said Grantor,has hereunto set hands this&,04day of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI ` 1 By. Leland Finley,Vice President [SEAL] ATTEST: B Sarah Thompson, st Secretary o a" A('10YOWLEDGMENT STATE OF MISSOURI 'Sn• )SS COUNTY OF PLATTE ON THISa4y of September,2007,before me, the undersigned, a Notary Public in and for said County and State,personally appeared Leland Finley to me personally known,who being by pig me duly sworn,did say that he is the Vice President of The Industrial Development Authority of : Gv,' the City of Riverside,Missouri,a public corporation duly organized and existing under the laws coco of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said instrument was signed and seated in behalf of said Authority by authority of its Board of Directors, and said individual acknowledged said instrument to be the free act and deed of said Authority. WITNESS my hand and official seal in the County and State aforesaid,the day and year fust above written. Public Signature ��� Printed or Typed N e My 06mmission Expires: (Seal) 3 Platte Countv-PUBLIC Book:1115 Pane:411 DT SUB Pace oi'� Exhibit A-7 Utility Easement for Permanent Sanitary Sewer Easement dated September 26, 2007,recorded at BK1111PG860. to , -o . 4, 0 a=—. Planta COMN-PUBLIC Book:1115 Pepe:411 DT SUB Paas 31 or 44 015500 WYOFOF PLATE SS 1�EItTIFVINSTRUMER1 RECEIVED p R�a o02p0(011�0DCS .4 A 9% IRA08 Y .PL CO Sys u �Y _, UTILITY EASEMENT :o THIS AGREEMENT,made and entered into this day of September,2007,by and between:The Industrial Development Authority of the City of Riverside, Missouri, a public corporation _ organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside,Missouri 64150, Grantor,and the City of Riverside,Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor, in consideration of the surn of One and no/100's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of ,jFr4i which hereby aclmowledged,does by these presents grant,bargain, sell,convey, and confirm unto :^ said Grantee,its successors and assigns,a Utility Basement over,along,across,and under the lands i hereinafter described, including the right and privilege at any time and from time to time to anter upon said easement to survey, lay, construct,install,patrol,operate,maintain, inspect,alter,repair, rebuild,replace and remove a permanent sanitary sewer,all necessary forcemains and all necessary co appurtenances thereto over,under,through, across and upon the following described lands in Platte County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 1-635, AS NOW ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 253.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N14028'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.34 FEET; THENCE S49003'03'B, A DISTANCE OF 35.52 FEET; PIaft County-PUBLIC Book: 1115 Paas:411 OT SUB Paas 32 of 44 THENCE S40056'57"W, A DISTANCE OF 20.00 FEET; THENCE N49003'03"W, A DISTANCE OF 25.56 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 611 SQUARE FEET OR 0.0140 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). •. GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. cJl GRANTOR further states that it is lawfully seized of title to the land through which said easement t=) C- is granted and that it has good and lawful right to convey said easement to the Grantee herein GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains,or any subsequent maintenance or repair operations. Grantee further agrees that any trees,shrubbery,buildings, fences,or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall,at all times be deemed to be and shall be, a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining,unto the City of Riverside, and to its successors and assigns forever. IN WITNESS WHEREOF, the said Grantor,has hereunto set hands thisol�''day of September, , -- 2007. THE INDUSTRIAL DEVELOPMENT at) AUTHORITY OF THE CITY OF :0 RIVERSIDE,MISSOURI By: Leland Finley,Vice President [SEAL] ATTEST: Sarah Tborn n, t. Secretary 2 Plan-County-PUBLIC Book. 1115 Paas:411 DT SUB Pao--330f 44 015800 ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON TIJ4,Vday of September,2007, before me,the undersigned,a Notary Public in and for ea said County and State,personally appeared Leland Finley to me personally]mown,who being by me duly sworn, did say that he is the Vice President of The Industrial Development Authority of _ the City of Riverside, Missouri, a public corporation duly organized and existing under the laws -�— of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said : Ln Authority, and that said instnunent was signed and sealed in behalf of said Authority by authority of its Board of Directors, and said individual acknowledged said instrument to be the o y free act and deed of said Authority. WPfNESS my hand and official seal in the County and State aforesaid,the day and year first above written. s/ NHPublicWo Pp `rr can►wYoo My nission Expires: (Seal) t90~ O 3 Platte County-PUBLIC - Book: 1115 Pane:411 DT SUB Peas 34 of 44 Exhibit A-8 Utility Easement for Permanent Sanitary Sewer Easement dated September 26,2007,recorded at BK1111P0861. cJ1 • -v c7 +'^' Platte CoenN-PUBLIC Book:1115 Pere:411 DT SUB Pace 35 of 44 .>) 015801 SUT IDIF MrSS U I ss o I CERTIFY 1N511 9MAI RECEIYEO 2001 OCT-4II,,11A93 098 ct UTILITY EASEMENT °O THIS AGREEMENT,made and entered into thi _day of September,2007,by and between:The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside,Missouri 64150,Grantor,and the City of Riverside,Missouri,a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor,in consideration of the sum of One and no/100's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell,convey,and confirm unto said Grantee,its successors and assigns,a Utility Easement over,along,across,and under the lands : -r--, hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay,construct, install,patrol,operate,maintain,inspect, alter,repair, C1! rebuild,replace and remove a permanent sanitary sewer,all necessary forcemains and all necessary .o appurtenances thereto over,under,through,across and upon the following described lands in Platte ; o County,Missouri,to wit: �- A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOU'T'HWEST QUARTER OF SECTION 4, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 4, T50N, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N89010'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 1023.26 FEET; THENCE N00049'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE,A DISTANCE OF 245.40 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S50°19'04"W, A DISTANCE OF 53.61 FEET; THENCE N84"40'56"W, A DISTANCE OF 124.95 FEET; THENCE N05°19'04"E, A DISTANCE OF 137.32 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE n r% .A A4AAW0 .IOt7AIJrr JPS Pleffe County-PUBLIC Book:1115 Peas:411 DT SU Peas 3a of 44 OF SAID MISSOURI STATE HIGHWAY 9; THENCE S53°16'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 17.57 FEET; THENCE S05019'04"W, A DISTANCE OF 113.17 FEET; THENCE S84°40'56"E, A DISTANCE OF 103.74 FEET; THENCE N50°19'04"E, A DISTANCE OF 43.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MISSOURI STATE HIGHWAY 9;THENCE S53916'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.43 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,324 SQUARE FEET OR 0.0993 ACRES, MORE OR LESS. GRANTEE, its successors and assigns,shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). +* GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than ' fences on said easement. t71` GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and foroemains, or any subsequent maintenance or repair operations. Grantee c� further agrees that any trees,shrubbery,buildings, fences,or growing crops damaged during laying x or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant Ln running with the land and shall be binding upon the successors and assigns of the Grantor. O TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto ' belonging or in any way appertaining,unto the City of Riverside,and to its successors and assigns forever. 2 Platte Counry-PUBLIC Book. 1115 Pace:411 DT SUB Pace 37 of 44 .. 015601 • IN WITNESS WHEREOF,the said Grantor,has hereunto set hands this.�j�(Iay of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI BY- [SEAL] Leland Finley,Vi4Preideni ATTEST: Sarah Thompson, AM. Secretary ft ACKNOWLEDGMENT ,tib r STATE OF MISSOURI )SS Q. COUNTY OF PLATTE ON THIS day of September, 2007, before me, the undersigned, a Notary Public in and for said County and State,personally appeared Leland Finley to me personally known,who being by me duly sworn,did say that he is the Vice President of The Industrial Development Authority of the City of Riverside, Missouri, a public corporation duly organized and existing under the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said ,t— Authority, and that said instrument was signed and sealed in behalf of said Authority by authority of its Board of Directors, and said individual acknowledged said instrument to be the free act and deed of said Authority. o WITNESS my hand and official seal m the County and State aforesaid,the day and year first above d written. • ^- Public Signa zee W MI Printed or Typed Nam My carunission Exp' 3 of F Platte County-PUBLIC Book:1115 Pepe:411 DT SUB Pane 38 of 44 Exhibit A-9 Storm Drainage Easement dated September 26,2007,recorded at BKl l l 1 PG862. �F • O Plane County-PUBLIC Book:1115 Peas:411 DT SUB Pace 39 o/44 '`� 015802 ` I CERWY 1StA OF MISSWRI ss Y ROW E EIVE0 p�-g2p�gpl�OpCTT --44 A 9--099 �� IU DRIA'BOYER PIATTE 6Oa 0 s STORM DRAINAGE EASEMENT cn THIS AGREEMENT,made this day of September,2007, by and between; The Industrial c7 Development Authority of the City of Riverside, Missouri, a public corporation organized and #' existing under the laws of the State of Missouri, whose address is 2950 N.W. Vivion Road, Riverside,Missouri 64150,Grantor,and the City of Riverside,Missouri,a fourth class city of the State of Missouri,whose address is 2950 N,W.Vivion Road,Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor,in consideration of the sum of One Dollar($1.00)and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of which is hereby acknowledged, does by these presents grant,bargain, sell, convey,and confirm unto said Grantee, its successors and assigns, a STORM DRAINAGE EASEMENT over, along,across,and under the •foci� lands hereinafter described, including the right and privilege at any time and from time to time to . enter upon the easement to lay, construct, install, operate, maintain, repair, replace and remove underground pipe lines,.manholes,catch basins, concrete surface drainage ways, open water ways and storm system together with all necessary appurtenances thereto over,under,through,across and log upon the following described lands in Platte County,Missouri,,to-wit: o OD A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5 AND THE NORTHEAST QUARTER OF FRACTIONAL SECTION 8, ALL IN TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1178.07 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S13°47'39 W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 971,93 FEET; THENCE S14030'28"W CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 153.18 FEET; THENCE S72°11'33"W, A DISTANCE OF 212.36 FEET; THENCE N15015'38"E, A DISTANCE OF 1810.71 FEET TO A POINT ON THE 1 1HM�.A1-hQW.A�* Inn.n Ni+ o • PlaHe County-PUBLIC Book. 1115 Pace:411 DT SUB Paw 40 o144 SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE 569°03'28'E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 137.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 1-635; THENCE S13047'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 556.63 FEET TO THE POINT OF BEGINNING, EXCEPT FOR THE FOLLOWING TRACT OF LAND: SOUTH PART, SECTION 5 &EAST PART, SECTION 8,Township 50 North,Range 33 West, Permanent Right-of-Way being acquired hereunder for the Railroad Diversion Ditch described as c 17 follows: C Beginning at a point on the North Right-of-Way Line of the Missouri River Levee 325 feet North of Levee Center Line Station 210+25 more or less,a point on the North and South Center Line of Section 8,and 510 feet more or less South of the center of Section 8, Thence with a strip of land 80 feet wide, having 40 feet on each side of the North and South Center Line of Section 8, 850 feet more or less to the North Rigbt-of-Way Line of Highway I- g�T' 635, r Thence Northeasterly with a strip of land 70 feet wide, adjacent to, parallel with, and on the ; Northwesterly side of 1-635 Right-of-Way,a distance of 3,460 feet more or less to a point on the p Southerly Line of Right-of-Way now occupied by the Burlington Northern Railroad Main Line co tracks, <Fny Thence continuing Northeasterly 100 feet to the North Line of Burlington Northern Railroad Right-of-Way, Thence Northwesterly with a strip of land 70 feet wide, adjacent to, parallel with, and on the Northerly side of the Burlington Northern Railroad Right-of-Way a distance of 1,465 feet more or less to the dividing line between Linde&Burke-Carswell, Thence Northeasterly with a strip of land 45 feet wide, adjacent to, and parallel with and on the But side of said dividing line to the South Right-of-Way Line of Highway 9, said dividing line mon particularly described as follows: Beginning at a point 1,218.27 feet North of the North One-quarter(N'/+)Comer,Section 8, Thence South 690 35' 20"East 234.30 feet to the true point of beginning, Thence North 06e 01' 30" East 926.00 feet more or less to the South Right-of-Way Line of Highway 9,containing 9.92 Acres. 2 P/eae County-PUBLIC Book:1115 Peas:411 DT SUB Pace 01 o1 44 GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all storm sewers,underground pipe,manholes,catch basins,concrete drainage ways,open water ways, and all necessary appurtenances on the above described property and for all proper purposes connected with the installation,use,maintenance,and replacement of the storm sewer. GRANTOR hereby further grants unto the Grantee the right to use such portions of their land adjacent to the easement herein granted during construction of its facilities as are reasonable and necessary with the understanding that this is a temporary right which shall cease ninety (90) days after completion of the initial construction or no later than four(4)years from the date ofexecution of this easement,whichever shall occur first,and further that the premises shall be restored as far as practicable,and any damage to the property of the Grantor shall be made good by the Grantee GRANTOR agrees not to obstruct or interfere with the maintenance of such storm sewer by erecting,or causing or allowing to be erected,any building or structure on the easement. IT IS mutually agreed between the parties hereto that Grantee shall restore the ground insofar as practicable to its original condition, after the construction of the storm sewers, or any subsequent maintenance or repair operations. Grantee further agrees that any repair or maintenance of the ground, including rip rap at the outfall of the storm sewer, will be performed by Grantee at ._ Grantee's expense. THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant CM running with the land and shall be binding upon the successors and assigns of the Grantor. co 0.1 TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining,unto the Grantee and to its successors and assigns forever. • c7 3 Palle County-PUBLIC Hook:1115 Paas:411 DT SUB Pans 42 of 44 015802 IN WITNESS WHEREOF, the said Grantor has hereunto set its hand this a 04 day of September,2007. GRANTOR: THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI '4 [SEAL] Bv: Leland Finley,Vice President ATTEST: By. Sarah Thompson,AssrSecretary f� ACKNOWLEDGMENT : STATE OF MISSOURI ` )SS i COUNTY OF PLATTE ON THISUay of September, 2007,before me,the undersigned, a Notary Public in and for said County and State,personally appeared Leland Finley to me personally known who being by me duly sworn,did say that he is the Vice President of The Industrial Development Authority of the City of Riverside,Missouri, a public corporation duly organized and existing under the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said instrument was signed and sealed in behalf of said Authority by authority of its Board of Directors, and said individual acknowledged said instnrment to be the co free act and deed of said Authority. WITNESS my hand and official seal in the County and State aforesaid,the day and year first above _ written. Fo / • O No Public Si Printed or Typed Nazhe My fission Expires: (Seal) 4 Platte County-PUBLIC Body. 1115 P800:411 DT SUB Paaa 43 of44 019360 • 'T'nn Y, 4 Pletla County-PUBLIC Back:1115 Pena:411 DT SUB Pena 44 of 44