HomeMy WebLinkAbout2008-004 IDA Resolution Transfer Easements Redevelopment Project IIIRESOLUTION 2008-004
A RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN
INFRASTRUCTURE EASEMENTS IN CONNECTION WITH
REDEVELOPMENT PROJECT III, 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, the City, pursuant to the Financing Agreement, transferred the
Mortgaged Property (as defined in the Financing Agreement) to the IDA which Mortgaged
Property secures the payment of the Bonds.
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 of
Trust").
WHEREAS, the Financing Agreement requires that the IDA, upon request of the
City, grant to the City or other utility, without charge or cost, such easements as are
necessary or desirable for utility improvements ("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 Authority hereby approves the transfer of the Infrastructure Easements
as described in the following documents (the "Transfer Documents"):
1) A Sanitary Sewer Easement as described on Exhibit A attached hereto
on the portion of the Mortgaged Property described therein.
2) An Access Easement as described on Exhibit B attached hereto on the
portion of the Mortgaged Property described therein.
3) An Exclusive Pump Station Easement as described on Exhibit C
attached hereto on the portion of the Mortgaged Property described
therein.
Section 2. The Authority hereby requests and directs that the Trustee cause the
subordination of the lien of the Deed of Trust to the Infrastructure Easements.
Section 3. The President and the Vice-President of the Authority are hereby authorized
and directed to execute the Transfer Documents, in substantially the form attached hereto,
with such changes as are approved by the officer executing such documents, 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 Transfer Documents.
Section 4. 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.
Section 5. The Resolution shall be in full force and effect from and after its passage
and approval.
Passed this 12`h day of June, 2008.
ATTEST:
~w y9~
Sarah Wagner, A sistant Secretary
2
EXHIBIT A
Sanitary Sewer Easement
SANITARY SEWER EASEMENT
THIS AGREEMENT, made and entered into this 12`~ day of June, 2008, 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.C~0),
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 sanitary sewer 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 forcemains and all
necessary appurtenances thereto (collectively, the "Facilities") over, under, through, across ~md
upon the following described lands in Platte County, Missouri, to wit:
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTII,
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 THIi
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 1098.46 FEET; THENCE NO1°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 ]51.18 FEET; THENCE S80°38'56"W, A DISTANCE OF 72.70 FEET;
THENCE N09°21'04"W, A DISTANCE OF 20.00 FEET; THENCE N80°38'56"E, A DISTANCE OF 68.00 FEET;
THENCE N54°12'36"E, A DISTANCE OF 169.97 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY
LINE OF U.S.INTERSTATE I-635; THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 30.85 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE:
CONTAINS 4,618 SQUARE FEET OR 0.1060 ACRES, MORE OR LESS.
AND
A TRACT OF LAND 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, R33 W, 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 1495.87 FEET; THENCE NOl °12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID
SOUTH LINE, A DISTANCE OF 212.30 FEET TO THE POINT OF BEGINNING; THENCE S80°38'56"W, A
DISTANCE OF 46.48 FEET; THENCE N09°21'04"W, A DISTANCE OF 20.00 FEET; THENCE N80°38'56"E, A
DISTANCE OF 46.48 FEET; THENCE S09°21'04"E, A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 930 SQUARE FEET OR 0.0213 ACRES, MO ftE
OR LESS.
AND
A TRACT OF LAND 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 1557.09 FEET; THENCE NO1°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SP.ID
SOUTH LINE, A DISTANCE OF 286.34 FEET TO THE POINT OF BEGINNING; THENCE N09°21'04"W, A
DISTANCE OF 37.32 FEET; THENCE N80°38'56"E, A DISTANCE OF 20.00 FEET; THENCE S09°21'04"E, A
DISTANCE OF 37.32 FEET; THENCE S80°38'56"W, A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 746 SQUARE FEET OR 0.0171 ACRES, MORE
OR LESS.
GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all. of
the Facilities and for all proper purposes connected with the installation, construction, rise,
maintenance, inspection, altering, repairing, rebuilding, replacement and removing of the Facilities.
GRANTOR agrees not to obstruct or interfere with the installation, construction, use, maintenance,
inspection, altering, repairing, rebuilding, replacement and removing of any Facilities, 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 .arry
exercise of its rights hereunder. Grantee further agrees that any trees, shrubbery, fences, or
growing crops damaged during Grantee's exercise of its rights hereunder will be restores. 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 therermto
belonging or in any way appertaining, unto the Grantee, and to its successors and assigns forever.
2
IN WITNESS WHEREOF, the said Grantor, has hereunto set hands the first date written above.
[SEAL]
ATTEST:
By:
Sarah Wagner, Assistant Secretary
STATE OF MISSOURI )
)SS
COUNTY OF PLATTE )
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY CIF
RIVERSIDE, MISSOURI
By:
Wayne Snyder, President
ACKNOWLEDGMENT
ON THIS 12`" day of June, 2008, before me, the undersigned, a Notary Public in and for s~iid
County and State, personally appeared Wayne Snyder to me personally known, who being by me
duly sworn, did say that he is the 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 s~iid
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.
WITNESS my hand and official seal in the County and State aforesaid, the day and year first abcve
written.
Notary Public Signature
Printed or Typed Name
(Seal)
My Commission Expires:
3
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I CER7IFY
009113
2006 JUN 20 P 1:222RECORM
GL/ OR;f,BOYER.?LA/�RECORDE,
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SANITARY SEWER EASEMENT
THIS AGREEMENT, made and entered into this 121h day of June, 2008, 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 confine unto
said Grantee, its successors and assigns, a sanitary sewer 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, N
repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all
necessary appurtenances thereto (collectively, the "Facilities") over, under, through, across and
upon the following described lands in Platte County,Missouri,to wit: o
CD
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 50 NORTH, N
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, R33 W,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 NO1°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
S54012'36"W,A DISTANCE OF 151.19 FEET;THENCE S80°38'56"W,A DISTANCE OF 72.70 FEET;
THENCE N09021'04"W,A DISTANCE OF 20.00 FEET;THENCE N80038'56"E,A DISTANCE OF 68.00 FEET;
THENCE N54012'36"E,A DISTANCE OF 169.97 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 30.85 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE
CONTAINS 4,618 SQUARE FEET OR 0.1060 ACRES,MORE OR LESS.
AND
hNpo&rv,wo oop���c�omooa��
✓Ar,>",Q -reaAa-�
MEN& 0o009 0oo000
I "A TRACT OF LAND L4Y IFS am" SHIP 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,R33 W, 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 1495.87 FEET;THENCE N01°12'00"E ALONG A LINE THAT 1S PERPENDICULAR TO SAID
SOUTH LINE,A DISTANCE OF 212.30 FEET TO THE POINT OF BEGINNING;THENCE S80°38'56"W,A
DISTANCE OF 46.48 FEET;THENCE N09021'04"W,A DISTANCE OF 20.00 FEET;THENCE N80°38'56"E,A
DISTANCE OF 46.48 FEET;THENCE 509021'04"E,A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 930 SQUARE FEET OR 0.0213 ACRES,MORE
OR LESS.
AND
A TRACT OF LAND 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 1557.09 FEET;THENCE N01012'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID
SOUTH LINE,A DISTANCE OF 286.34 FEET TO THE POINT OF BEGINNING;THENCE N09°21'04"W,A
DISTANCE OF 37.32 FEET;THENCE N80°38'56"E,A DISTANCE OF 20.00 FEET;THENCE S09°21'04"E,A
DISTANCE OF 37.32 FEET;THENCE S80038'56"W,A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 746 SQUARE FEET OR 0.0171 ACRES,MORE
OR LESS.
rn
x
GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of
the Facilities and for all proper purposes connected with the installation, construction, use,
maintenance,inspection,altering,repairing,rebuilding,replacement and removing of the Facilities. N
—o
GRANTOR agrees not to obstruct or interfere with the installation,construction, use, maintenance, O
inspection, altering, repairing, rebuilding, replacement and removing of any Facilities, by erecting, CD
or causing or allowing to be erected,any building or structure other than fences on said easement.
N
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 any
exercise of its rights hereunder. Grantee further agrees that any trees, shrubbery, fences, or
growing crops damaged during Grantee's exercise of its rights hereunder 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
muting 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 Grantee,and to its successors and assigns forever.
Mp °000000❑ p0000 000 00
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IN WITNESS WHERUI&aa4ii t�dt'di�N lic`r�uh 6 I =§t datb written above.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
[SEAL] By: llsa�� 1i S- - �
W nenyder, r ide f
ATTEST:
By: Satre ,o
Sarah Wagner, Assistant
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF PLATTE )
co
ON THIS 12'h day of June, 2008, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Wayne Snyder to me personally known, who being by me
duly sworn, did say that he is the President of The Industrial Development Authority of the City N
of Riverside, Missouri, a public corporation duly organized and existing under the laws of the �o
State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said o�
Authority, and that said instrument was signed and sealed in behalf of said Authority by 00
authority of its Board of Directors, and said individual acknowledged said instrument to be the —
free act and deed of said Authority. N
WITNESS my hand and official seal in the County and State aforesaid,the day and year first above
written.
.a
SUG M WILUAMB-UMBTEAD otary Public Signature
No"PWA0440"sew
,lodnoa county a ot&et Missouri 11), [IiAncs �/� �
Combe"5u817 2Printed or Typed Name
MP Cowft o E*m 0610910/
My Commission Expires:nlabQ,2.w9
(Seal)
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EXHIBIT B
Access Easement
Project: Riverside Force Main
P101020298
ACCESS EASEMENT
THIS AGREEMENT, made and entered into this 12~' day of June, 2008, 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 Ro~-d,
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 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, anon-exclusive Access Easement in common with the Grantor a:nd
others entitled to use the same for ingress, egress and regress over and upon the below described
property ("Easement Property") to provide for vehicular, (including machinery and equipme~rt)
and pedestrian travel to and from the Grantee's property upon which a pump station is to be
built, on, over, along and across, the described lots, tracts, or parcels of land lying, being and
situated in the County of Platte, and the State of Missouri, to-wit:
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5, TOWNSHIP :i0
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, TSON, R33W, BEING A FOUND 1-1/2 INCH DIAMETER IRON PIPE WITH
NAIL, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61553; THENCE
S00°29'11"W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION
5, A DISTANCE OF 2110.56 FEET; THENCE S89°30'49"E ALONG A LINE THAT [S
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 S69°01'01"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°21'04"E, A
DISTANCE OF 24.00 FEET; THENCE S80°38'56"W, A DISTANCE OF 227.23 FEF•T;
THENCE WESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST
DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 30°20'03" 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 TIDE
LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANG1~E
OF 20°34'33" AND A RADIUS OF 658.00 FEET, FOR AN ARC DISTANCE OF 236.30
FEET; THENCE N89°35'34"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 ACRI3S,
MORE OR LESS.
THIS ACCESS EASEMENT shall cease and terminate ninety (90) days after Grantee and ~:he
operator of the pump station are given permanent access rights similar to those granted hereunder to
a fully constructed permanent roadway which services and provides access to the property upon
which the pump station is built. This Access Easement is for access only and is not to be used as a
utility easement and accordingly, no items, including but not limited to, public utility lines, meters,
pipes, poles, transformers, or vaults shall be placed on the Easement Property without prior consent
and agreement of the Grantor. It is acknowledged that Grantee intends to assign its rights
hereunder to the operator of the pump station.
GRANTOR 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.
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 TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining, unto the City of Riverside, a fourth class city of'the
State of Missouri, and to its successors and assigns forever.
2
IN WITNESS WHEREOF, the said Grantor has hereunto set their hands the date first writl:en
above.
[SEAL]
THE INDUSTRIAL DEVELOPMEPIT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
By:
Wayne Snyder, President
ATTEST:
By:
Sarah Wagner, Assistant Secretary
ACKNOWLEDGMENT
STATE OF MISSOURI
COUNTY OF PLATTE
)SS
ON THIS 12`h day of June, 2008, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Wayne Snyder to me personally known, who being by me
duly sworn, did say that he is the 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 ley
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 first above
written.
Notary Public Signature
Printed or Typed Name
(Seal)
My Commission Expires:
3
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COUI;TATE�fppf�il1�S OL' I ❑�� �' jO^ ��{� 009112
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I CEKT!:Y IH !
2000 JUN 20 P 1: 21 L
RECORDED B3011d1-qVPG._W `�+•. ''�
pG�LO�R�IA�BO-YER.PLARECOROEF
7,2V
ACCESS EASEMENT
THIS AGREEMENT, made and entered into this 120' day of June, 2008, 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 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, x
its successors and assigns, a non-exclusive Access Easement in common with the Grantor and _
others entitled to use the same for ingress, egress and regress over and upon the below described N
property ("Easement Property") to provide for vehicular, (including machinery and equipment) -r-
and pedestrian travel to and from the Grantee's property upon which a pump station is to be
built, on, over, along and across, the described lots, tracts, or parcels of land lying, being and . O
situated in the County of Platte,and the State of Missouri,to-wit: tb
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:
r
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
S00029'11"W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION
5, A DISTANCE OF 2110.56 FEET; THENCE S89°30'49"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 2034'33" AND A RADIUS OF
682.00 FEET, FOR AN ARC DISTANCE OF 244.92 FEET; THENCE S69°01'01"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
30020'03" AND A RADIUS OF 658.00 FEET, FOR AN ARC DISTANCE OF 348.37 FEET;.
THENCE N80038'56"E, A DISTANCE OF 227.23 FEET; THENCE S09°21'04"E, A
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IMENO CQU[ 1V�11��9 1� D�wn ull
DISTANCE OF 24.9 FEES;' goaweoa�° GSW;�A�-D1aQa tOF 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 N89°35'34"W, A DISTANCE OF 1708.83 FEET; THENCE NIO°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.
THIS ACCESS EASEMENT shall cease and terminate ninety (90) days after Grantee and the
operator of the pump station are given permanent access rights similar to those granted hereunder to
a fully constructed permanent roadway which services and provides access to the property upon
which the pump station is built. This Access Easement is for access only and is not to be used as a
utility easement and accordingly, no items, including but not limited to, public utility lines, meters,
pipes, poles, transformers, or vaults shall be placed on the Easement Property without prior consent
and agreement of the Grantor. It is acknowledged that Grantee intends to assign its rights
hereunder to the operator of the pump station.
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GRANTOR 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.
THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing covenant N)
running with the land and shall be binding upon the successors and assigns of the Grantor. �
O
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities pp
thereunto belonging or in any way appertaining,unto the City of Riverside,a fourth class city of the
State of Missouri,and to its successors and assigns forever. —'
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IN WITNESS WHEREOF, the said Grantor has hereunto set their hands the date first written
above.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE,MISSOURI
[SEAL] By:
W e Snyder,Prey' e
ATTEST:
By:
Sarah Wagne Assistant Secretary
ACKNOWLEDGMENT
STATE OF MISSOURI
)SS
COUNTY OF PLATTE
ON THIS 12th day of June, 2008, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Wayne Snyder to me personally known,who being by me
duly sworn, did say that he is the President of The Industrial Development Authority of the City
of Riverside, Missouri, a public corporation duly organized and existing under the laws of the N
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 -0
authority of its Board of Directors, and said individual acknowledged said instrument to be the C:)
free act and deed of said Authority. CO
WITNESS my hand and official seal in the County and State aforesaid,the day and year first above
written.
imn
SUtiAl1 WILLIAkWU STEAD Notary Public Signature
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my IMCommisg �tT Printed or Typed Name
My Commission Expires: 1)1"1v�,
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EXHIBIT C
Exclusive Pump Station Easement
EXCLUSIVE PUMP STATION EASEMENT
THIS EXCLUSIVE PUMP STATION EASEMENT, made this day of June, 2008, by The
Industrial Development Authority of the City of Riverside, Missouri, 2950 N.W. Vivion Ro~id,
Riverside, Missouri 64150, GRANTOR, in favor of the City of Riverside, Missouri, 2950 N.N.
Vivion Road, Riverside, Missouri 64150, GRANTEE.
WITNESSETH, that the GRANTOR, in consideration of the sum of One and no/100's Doll~~rs
($1.00), and other good and valuable consideration to it paid by the GRANTEE, the receipt acid
sufficiency of which hereby acknowledged, does, subject to the terms and conditions of this
Easement, by these presents grant, bargain, sell, convey, and confirm unto said GRANTEE, and .its
successors and assigns, a perpetual exclusive easement in, 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, construct, reconstruct, install, modify, supplement, operate, maintain,
inspect, alter, repair, rebuild, replace and remove pump station facilities and all necessary
appurtenances thereto ("Pump Station Facilities"), in, over, under, through, across and upon the
lands situated in Platte County, Missouri, the legal description of which is attached as Exhibit A
and incorporated herein by this reference (the "Easement Area") SUBJECT to any easements acid
right-of--way already existing in, over, upon and across the Easement Area.
GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of
its Pump Station Facilities through the Easement Area for all proper purposes connected with the
installation, use, maintenance, and replacement of the Pump Station Facilities.
GRANTOR agrees not to obstruct or interfere with the Pump Station by erecting, or causing or
allowing to be erected, any building or structure in the Easement Area.
GRANTOR further states that it is lawfully seized of title to the Easement Area and that it has good
and lawful right to convey said easement to the GRANTEE.
THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing coven;mt
running with the land and shall be binding upon the successors and assigns of the GRANTOR and
GRANTEE.
TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto
belonging or in any way appertaining, unto GRANTEE and to its successors and assigns forever.
IN WITNESS WHEREOF, the GRANTOR, has hereunto set hands the date first above written.
ATTEST:
THE INDUSTRIAL DEVELOPMEPIT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
By:
Wayne Snyder, President
Sarah Wagner, Assistant Secretary
2
ACKNOWLEDGMENT
STATE OF MISSOURI
COUNTY OF PLATTE
ON THIS day of June, 2008, before me, a Notary Public, personally appeared: Wayne
Snyder and proved to me on the basis of satisfactory evidence that he is the President of the
Industrial Development Authority of the City of Riverside, Missouri, whose name is subscribed to
the within instrument, and acknowledged that he executed the same on behalf of said authority ;.or
the purposes stated therein and no other and 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 first above
written.
Notary Public Signature
Printed or Typed Name
(Seal)
My Commission Expires:
3
EXHIBIT A
LEGAL DESCRIPTION
PROJECT NAME: RIVERSIDE FORCE MAIN
PROJECT NUMBER: P101020298
LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI
PERPETUAL PUMP STATION EASEMENT DESCRIPTION
A TRACT OF LAND 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,
R33 W, 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 1491.29 FEET; THENCE NO1 °12'00"E
ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 187.72 FEET TO
THE POINT OF BEGINNING; THENCE N09°21'04"W, A DISTANCE OF 45.00 FEET; THENCE S80°38'56"W,
A DISTANCE OF 48.00 FEET; THENCE N09°21'04"W, A DISTANCE OF 64.00 FEET; THENCE N80°38'56"E,
A DISTANCE OF 48.00 FEET; THENCE N09°21'04"W, A DISTANCE OF 45.00 FEET; THENCE N80°38'56"E,
A DISTANCE OF 209.00 FEET; THENCE S09°21'04"E, A DISTANCE OF 154.00 FEET; THENCE
S80°38'56"W, A DISTANCE OF 209.00 FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 35,258 SQUARE FEET OR 0.8094 ACRES, MORE OR LESS.
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EXCLUSIVE PUMP STATION EASEMENT
THIS EXCLUSIVE PUMP STATION EASEMENT, made this 11'4'h day of June, 2008, by The
Industrial Development Authority of the City of Riverside, Missouri, 2950 N.W. Vivion Road,
Riverside, Missouri 64150, GRANTOR, in favor of the City of Riverside, Missouri, 2950 N.W.
Vivion Road,Riverside,Missouri 64150, GRANTEE.
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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, subject to the terms and conditions of this N
Easement,by these presents grant, bargain, sell, convey,and confirm unto said GRANTEE, and its
successors and assigns, a perpetual exclusive easement in, over, along, across, and under the lands
hereinafter described, including the right and privilege at any time and from time to time to enter o
upon said easement to survey, construct, reconstruct, install,modify, supplement,operate,maintain, co
inspect, alter, repair, rebuild, replace and remove pump station facilities and all necessary W
appurtenances thereto ("Pump Station Facilities"), in, over, under, through, across and upon the
lands situated in Platte County, Missouri, the legal description of which is attached as Exhibit A
and incorporated herein by this reference (the "Easement Area") SUBJECT to any easements and
right-of-way already existing in,over, upon and across the Easement Area.
GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of
its Pump Station Facilities through the Easement Area for all proper purposes connected with the
installation, use,maintenance, and replacement of the Pump Station Facilities.
GRANTOR agrees not to obstruct or interfere with the Pump Station by erecting, or causing or
allowing to be erected,any building or structure in the Easement Area.
GRANTOR further states that it is lawfully seized of title to the Easement Area and that it has good
and lawful right to convey said easement to the GRANTEE.
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LF� �C�IIISIS�
THIS GRANT and eaUL QtY 'ht0tKSttes deefibd t&Q �Linuin covenant
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running with the land and shall be binding upon the successors and assigns of the GRANTOR and
GRANTEE.
TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto
belonging or in any way appertaining,unto GRANTEE and to its successors and assigns forever.
IN WITNESS WHEREOF, the GRANTOR,has hereunto set hands the date first above written.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERMISSOURI
By: . �z 1,4
Way Sny er,Pre d t
ATTEST:
Sarah Wagner,Assi§X&nt Secretary
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ACKNOWLEDGMENT
STATE OF MISSOURI
COUNTY OF PLATTE
ON THIS day of June, 2008, before me, a Notary Public, personally appeared: Wayne
Snyder and proved to me on the basis of satisfactory evidence that he is the President of the
Industrial Development Authority of the City of Riverside, Missouri, whose name is subscribed to
the within instrument, and acknowledged that he executed the same on behalf of said authority for
the purposes stated therein and no other and 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 first above
written.
otary ublic Signature
Printed or Typed Name
My Commission Expires: �m
(Seal)
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LEGAL DESCRIPTION
PROJECT NAME: RIVERSIDE FORCE MAIN
PROJECT NUMBER: P 101020298
LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI
PERPETUAL PUMP STATION EASEMENT DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5,TOWNSHIP 50 NORTH, m
RANGE 33 WEST, IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO 7C
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, N
R33 W, BEING A FOUND CUT"+"AT TOP,NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, -p-
PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88048'00"W ALONG THE
SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1491.29 FEET;THENCE NOI°12'00"E p
ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE,A DISTANCE OF 187.72 FEET TO pp
THE POINT OF BEGINNING;THENCE N09°2 1'04"W,A DISTANCE OF 45.00 FEET;THENCE S80038'56"W,
A DISTANCE OF 48.00 FEET;THENCE N09021'04"W,A DISTANCE OF 64.00 FEET;THENCE N80°38'56"E, w
A DISTANCE OF 48.00 FEET;THENCE N09°21'04"W,A DISTANCE OF 45.00 FEET;THENCE N80°38'56"E,
A DISTANCE OF 209.00 FEET;THENCE S09°21'04"E,A DISTANCE OF 154.00 FEET;THENCE
S80°38'56"W,A DISTANCE OF 209.00 FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 35,258 SQUARE FEET OR 0.8094 ACRES,MORE OR LESS.
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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 Unitc;d
States of America having a corporate trust office located at ,Kansas City,
Missouri, ,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 Missow-i,
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") 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.\'V.
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 lien 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 ;rnd
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 Le<<ses
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 t:~eir
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.
Bv:
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 o:.'
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 MISSOI lTl
and that the seal affixed to the foregoing instrument is the seal of said corporation, and that sari
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 therc;in
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 da,y
and year last above written.
Notary Public
My commission expires:
Exhibit A
A TRACT OF LAND FOR PERMANENT DRAINAGE CHANNEL EASEMEI\fT
PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5 AND TF[E
NORTHEAST QUARTER OF FRACTIONAL SECTION 8, ALL IN TOWNSHIP 50 NORTI=I,
RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS AR:E
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 CORNI=;R
DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE C)F
SAID SOUTHEAST QUARTER, A DISTANCE OF 1178.07 FEET TO A POINT ON TI [E
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 S 14°30'28"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 N15°15'38"E, A DISTANCE OF 1810.71 FEET TO A POINT ON TF[E
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 137.50 FEET TO A POINT ON
SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635; THENCE
S13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 556.tS3
FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 277,313 SQUARE FEET OR 6.36tS2
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 C-F
VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER
DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE CAF
SAID SOUTHEAST QUARTER, A DISTANCE OF 1098.46 FEET; THENCE NO1°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 BEGINNINGJ;
5
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 20.00 FE13T;
THENCE N80°38'56"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 S13°47'39"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 CORI`fER
DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF
SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE NO1°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 1J.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 22.76 FEET; THENCE S55°01'06"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 25°37'50" AND A F.ADIUS OF
67.50 FEET, FOR AN ARC DISTANCE OF 30.20 FEET; THENCE S80°38'56"W, A
DISTANCE OF 117.67 FEET; THENCE N09°21'04"W, A DISTANCE OF 15.00 FFET;
THENCE N80°38'56"E, A DISTANCE OF 117.67 FEET; THENCE NORTHEASTEF:LY
ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE,
HAVING A CENTRAL ANGLE OF 25°37'50" 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 Fl?ET
TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 3,556 SQUARE FEET OR 0.0816 ACF:ES,
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, 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 1496.98 FEET; THENCE NO1°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 S09°21'04"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, TSON, R33W, BEING A FOUND 1-1/2 INCH DIAMETER IRON PIPE W:[TH
NAIL, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61553; THENCE
S00°29'11"W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION
5, A DISTANCE OF 2110.56 FEET; THENCE S89°30'49"E ALONG A LINE THAT IS
PERPENDICULAR TO SAID WEST LINE, A DISTANCE OF 410.96 FEET TO THE PO [NT
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 S69°01'01"E, A
DISTANCE OF 811.32 FEET; THENCE EASTERLY ALONG A CURVE TO THE L1=;FT,
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°21'04"E, A
DISTANCE OF 24.00 FEET; THENCE S80°38'56"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 30°20'03" AND A RADIUS OF
682.00 FEET, FOR AN ARC DISTANCE OF 361.07 FEET; THENCE N69°01'01"Vv', A
DISTANCE OF 811.32 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO 'CHE
LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE
OF 20°34'33" AND A RADIUS OF 658.00 FEET, FOR AN ARC DISTANCE OF 236.30
FEET; THENCE N89°35'34"W, A DISTANCE OF 1708.83 FEET; THENCE N10°54' 10"~V, 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, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF
VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNS;R
DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF
SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE NO1°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 S81°03'08"W, A DISTANCE OF 51.94 FEET;
THENCE S09°50'08"E, A DISTANCE OF 26.56 FEET; THENCE S80°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 N09°21'04"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 POII~IT
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, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF
VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNI?R
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 T~[E
EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW
ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WA.Y
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°56'57"W, A DISTANCE OF 20.00 FEET; THENCE N49°03'03"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, TSON, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF
VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNIiR
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 TIIE
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 N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 15.00 FEET; THENCE S74°55'44"E, A DISTANCE OF 103.01 FE1=;T;
THENCE S69°03'26"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 S20°56'34"W, A DISTANCE OF 23.55 FEET; THENCE
N69°03'26"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 SD
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, TSON, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PIER
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 RIGH'T-
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 NOS°19'04"E, A
DISTANCE OF 137.32 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LIME
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
SOS°19'04"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 TF[E
SOUTHERLY RIGHT-OF-WAY LINE OF SAID MISSOURI STATE HIGHWAY 9; THENCE
S53°16'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.33
FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 4,324 SQUARE FEET OR 0.0993 ACRES,
MORE OR LESS.
10
EXHIBIT A
Project: Riverside Force N[ain
P101020298
ACCESS EASEMENT
THIS AGREEMENT, made and entered into this 3`d day of October, 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 o1~ the
State of Missouri, 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 €;ood
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 Gracitee,
its successors and assigns, anon-exclusive Access Easement in common with the Grantor and
others entitled to use the same for ingress, egress and regress over and upon the below described
property ("Easement Property") to provide for vehicular, (including machinery and equipment)
and pedestrian travel to and from the Grantee's property upon which a pump station is t~~ be
built, on, over, along and across, the described lots, tracts, or parcels of land lying, being and
situated in the County of Platte, and the State of Missouri, to-wit:
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5, TOWNSHII' S0
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, TSON, R33W, BEING A FOUND 1-1/2 INCH DIAMETER IRON PIPE WITH
NAIL, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61553; THENCE
S00°29'11"W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION
5, A DISTANCE OF 2110.56 FEET; THENCE S89°30'49"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 S69°01'01"Ii, A
DISTANCE OF 811.32 FEET; THENCE EASTERLY ALONG A CURVE TO THE Ll?FT,
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°21'04"E, A
DISTANCE OF 24.00 FEET; THENCE S80°38'56"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 30°20'03" 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 TIME
LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE
OF 20°34'33" AND A RADIUS OF 658.00 FEET, FOR AN ARC DISTANCE OF 236.30
FEET; THENCE N89°35'34"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 ACRIsS,
MORE OR LESS.
THIS ACCESS EASEMENT shall cease and terminate ninety (90) days after the completion of
the construction and dedication of a permanent roadway which services and provides access to the
portion of Grantee's property upon which the pump station is built which is serviced by this Access
Easement. This Access Easement is for access only and is not to be used as a utility easement and
accordingly, no items, including but not limited to, public utility lines, meters, pipes, poles,
transformers, or vaults shall be placed on the Easement Property without prior consent and
agreement of the Grantor. It is acknowledged that Grantee intends to assign its rights hereunder to
the operator of the pump station.
GRANTOR 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.
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 TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining, unto the City of Riverside, a fourth class city of the
State of Missouri, and to its successors and assigns forever.
J:\CLIENTS\61492\00091\K0549490.DOC 2
IN WITNESS WHEREOF, the said Grantor has hereunto set their hands this 3`~ day of October,
2007.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
[SEAL] By:
ATTEST:
By:
Sarah Thompson, Assistant Secretary
Wayne Snyder, President
ACKNOWLEDGMENT
STATE OF MISSOURI
COUNTY OF PLATTE
)SS
ON THIS day of , 2007, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared Wayne Snyder to me personally known, who being
by me duly sworn, did say that he is the 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 s;~id
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 she
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.
Notary Public Signature
Printed or Typed Name
My Commission Expires:
(Seal)
J:\CLIENTS\61492\00091\K0549490.DOC 3
EXHIBIT B
UTILITY EASEMENT
THIS AGREEMENT, made and entered into this day of October, 2007, by and between: The
Industrial Development Authority of the City of Riverside, Missouri, 2950 N.W. Vivion Road,
Riverside, Missouri 64150, GRANTOR, for the benefit of Missouri American Water, a
,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, and its successors and assigns, a blanket Permanent 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, consUuct,
reconstruct, install, modify, supplement, operate, maintain, inspect, alter, repair, rebuild, replace and
remove facilities for the transportation of water, all necessary pipelines and all neces;~ary
appurtenances thereto for the transportation of water over, under, through, across a strip of land 20'
wide, the exact location to be agreed upon by GRANTOR and GRANTEE, situated in the City of
Riverside, Platte County, State of Missouri and which is part of GRANTOR'S land described as
follows:
See Exhibit "A" attached hereto.
SUBJECT to any easements and right-of--way already existing in, over, upon and across the
easement area.
GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of
its water transportation facilities through the above described easement area for all proper purposes
connected with the installation, use, maintenance, and replacement of the water service facilities.
GRANTOR agrees not to obstruct or unreasonably interfere with the maintenance of such water
service facilities by erecting, or causing or allowing to be erected, any building or structure other
than fences, parking fields, landscaping, roadways, curb, gutter, pavement and the like on said
easement area. GRANTEE shall not unreasonably interfere with GRANTOR use of the easement
area for such improvements.
GRANTOR further states that it is lawfully seized of title to the easement area and that it has good
and lawful right to convey said easement to the GRANTEE.
GRANTEE shall immediately restore any and all landscaping, roadways, curbs, gutters, buildings,
fences, pavement, parking fields, growing crops and other property damaged during GRANTEE'S
exercise of any of its rights hereunder to original condition insofar as practicable. GRANTEE shall
immediately remove all debris resulting from its activities.
GRANTEE, and any and all successors and assigns of GRANTEE, assume and agree to pay for all
loss of damage to GRANTOR'S property caused by GRANTEE, and to defend, indemnify and
hold GRANTOR and its successors and assigns harmless against any and all claims, demands, suits
and judgments that may be asserted for damages for loss or liability on account of injuries to
(including death of) persons or damage to property, including costs and expenses incident thereto,
arising wholly or in part from, or in connection with GRANTEE'S exercise of its rights hereunder.
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 and
GRANTEE.
TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto
belonging or in any way appertaining, unto GRANTEE and to its successors and assigns forever.
IN WITNESS WHEREOF, the GRANTOR, has hereunto set hands the date first above written.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
By:
Wayne Snyder, President
7:\C LIENTS\61492\00091 \K0549495. DOC
ACKNOWLEDGMENT
STATE OF MISSOURI
COUNTY OF PLATTE
ON THIS day of , 2007, before me, a Notary Public, personally appeared: Wayne
Snyder and proved to me on the basis of satisfactory evidence that he is the President of the
Industrial Development Authority of the City of Riverside, Missouri, whose name is subscribed to
the within instrument, and acknowledged that he executed the same on behalf of said authority for
the purposes stated therein and no other and 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 first above
written.
Notary Public Signature
Printed or Typed Name
My Commission Expires:
(Seal)
J:\CLIENTS\61492\00091\K0549495.DOC 3
EXHIBIT C
UTILITY EASEMENT
THIS AGREEMENT, made and entered into this day of October, 2007, by and between: The
Industrial Development Authority of the City of Riverside, Missouri, 2950 N.W. Vivion Road,
Riverside, Missouri 64150, GRANTOR, for the benefit of Missouri Gas Energy, a
PO Box 412662, Kansas City, MO 64141-2662, 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, and its successors and assigns, a blanket Permanent 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,
reconstruct, install, modify, supplement, operate, maintain, inspect, alter, repair, rebuild, replace and
remove facilities for the transportation of gas, all necessary pipelines and all neces:;ary
appurtenances thereto for the transportation of gas, under, through, across a strip of land 20' wide,
the exact location to be agreed upon by GRANTOR and GRANTEE, situated in the City of
Riverside, Platte County, State of Missouri and which is part of GRANTOR'S land described as
follows:
See Exhibit "A" attached hereto.
SUBJECT to any easements and right-of--way already existing in, over, upon and across the
easement area.
GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of
its gas transportation facilities through the above described easement area for all proper purposes
connected with the installation, use, maintenance, and replacement of the gas service facilities.
GRANTOR agrees not to obstruct or unreasonably interfere with the maintenance of such gas
service facilities by erecting, or causing or allowing to be erected, any building or structure ocher
than fences, parking fields, landscaping, roadways, curb, gutter, pavement and the like on :;aid
easement area. GRANTEE shall not unreasonably interfere with GRANTOR use of the easement
area for such improvements.
GRANTOR further states that it is lawfully seized of title to the easement area and that it has good
and lawful right to convey said easement to the GRANTEE.
GRANTEE shall immediately restore any and all landscaping, roadways, curbs, gutters, buildings,
fences, pavement, parking fields, growing crops and other property damaged during GRANTE]E'S
exercise of any of its rights hereunder to original condition insofar as practicable. GRANTEE sJzall
immediately remove all debris resulting from its activities.
GRANTEE, and any and all successors and assigns of GRANTEE, assume and agree to pay for all
loss of damage to GRANTOR'S property caused by GRANTEE, and to defend, indemnify and
hold GRANTOR and its successors and assigns harmless against any and all claims, demands, suits
and judgments that may be asserted for damages for loss or liability on account of injuries to
(including death of) persons or damage to property, including costs and expenses incident thereto,
arising wholly or in part from, or in connection with GRANTEE'S exercise of its rights hereunder.
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 ;and
GRANTEE.
TO HAVE AND HOLD SAME, together with all appurtenances and immunities therermto
belonging or in any way appertaining, unto GRANTEE and to its successors and assigns forever.
IN WITNESS WHEREOF, the GRANTOR, has hereunto set hands the date first above written.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
By:
Wayne Snyder, President
J:\CLIENTS\61492\00091 \K0549522.DOC
ACKNOWLEDGMENT
STATE OF MISSOURI
COUNTY OF PLATTE
ON THIS day of , 2007, before me, a Notary Public, personally appeared: Wayne
Snyder and proved to me on the basis of satisfactory evidence that he is the President of the
Industrial Development Authority of the City of Riverside, Missouri, whose name is subscribed to
the within instrument, and acknowledged that he executed the same on behalf of said authority for
the purposes stated therein and no other and 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 first above
written.
Notary Public Signature
Printed or Typed Name
(Seal)
My Commission Expires:
l:\CLIENTS\61492\00091\K0549522.DOC 3
EXHIBIT D
UTILITY EASEMENT
THIS AGREEMENT, made and entered into this day of October, 2007, by and between: 'The
Industrial Development Authority of the City of Riverside, Missouri, 2950 N.W. Vivion Road,
Riverside, Missouri 64150, GRANTOR, for the benefit of Kansas City Power & Light Company,
P.O. Box 418679, Kansas City, Missouri 64141, 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, and its successors and assigns, a blanket Permanent 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, constn.~ct,
reconstruct, install, modify, supplement, operate, maintain, inspect, alter, repair, rebuild, replace ;md
remove facilities for the transmission of electrical services, all necessary power lines and all
necessary appurtenances thereto for the transportation of electrical services, under, through, acro:;s a
strip of land 20' wide, the exact location to be agreed upon by GRANTOR and GRANTEE,
situated in the City of Riverside, Platte County, State of Missouri and which is part of
GRANTOR'S land described as follows:
See Exhibit "A" attached hereto.
SUBJECT to any easements and right-of--way already existing in, over, upon and across the
easement area.
GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all. of
its electrical transportation facilities through the above described easement area for all proper
purposes connected with the installation, use, maintenance, and replacement of the electrical service
facilities.
GRANTOR agrees not to obstruct or unreasonably interfere with the maintenance of such electrical
service facilities by erecting, or causing or allowing to be erected, any building or structure other
than fences, parking fields, landscaping, roadways, curb, gutter, pavement and the like on said
easement area. GRANTEE shall not unreasonably interfere with GRANTOR use of the easement
area for such improvements.
GRANTOR further states that it is lawfully seized of title to the easement area and that it has good
and lawful right to convey said easement to the GRANTEE.
GRANTEE shall immediately restore any and all landscaping, roadways, curbs, gutters, buildings,
fences, pavement, parking fields, growing crops and other property damaged during GRANTEIE:'S
exercise of any of its rights hereunder to original condition insofar as practicable. GRANTEE shall
immediately remove all debris resulting from its activities.
GRANTEE, and any and all successors and assigns of GRANTEE, assume and agree to pay for all
loss of damage to GRANTOR'S property caused by GRANTEE, and to defend, indemnify ,and
hold GRANTOR and its successors and assigns harmless against any and all claims, demands, suits
and judgments that may be asserted for damages for loss or liability on account of injuries; to
(including death of) persons or damage to property, including costs and expenses incident thereto,
arising wholly or in part from, or in connection with GRANTEE'S exercise of its rights hereunder.
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 <<nd
GRANTEE.
TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto
belonging or in any way appertaining, unto GRANTEE and to its successors and assigns forever.
IN WITNESS WHEREOF, the GRANTOR, has hereunto set hands the date first above written.
THE INDUSTRIAL DEVELOPME:vT
AUTHORITY OF THE CITY ~OF
RIVERSIDE, MISSOURI
sy:
Wayne Snyder, President
J:\CLI ENTS\61492\00091000549523. DOC
ACKNOWLEDGMENT
STATE OF MISSOURI
COUNTY OF PLATTE
ON THIS day of , 2007, before me, a Notary Public, personally appeared: Wayne
Snyder and proved to me on the basis of satisfactory evidence that he is the President of the
Industrial Development Authority of the City of Riverside, Missouri, whose name is subscribed to
the within instrument, and acknowledged that he executed the same on behalf of said authority i'or
the purposes stated therein and no other and 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 first above
written.
Notary Public Signature
Printed or Typed Name
(Seal)
My Commission Expires:
J:\CLIENTS\61492\00091\K0549523.DOC 3