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HomeMy WebLinkAbout1210 41st Street West & Helena Road Project Easement and Right of Way Agreement BILL NO. 2013 -033 ORDINANCE NO. 1 D AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT WITH HORIZONS WEST LAND LLC FOR ACQUISITION AND DEDICATION OF RIGHT OF WAY FOR THE 41 STREET WEST AND NW HELENA ROAD PROJECT AND ACCEPTANCE AND AUTHORIZATION OF A RIGHT OF WAY DEED, PERMANENT SANITARY SEWER EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT AND APPROVING COMPENSATION FOR THE SAME IN THE AMOUNT OF TWO HUNDRED TWENTY THOUSAND DOLLARS AND NO CENTS ($220,000.00); WHEREAS, the City previously adopted Ordinance No. 1204 authorizing the construction of the 41s Street West and Helena Road Project (the "Project "); and WHEREAS, the design and construction of the Project require the City and Horizons West Land LLC, a Missouri limited liability company, to enter into an Easement and Right of Way Agreement (hereinafter referred to as AGREEMENT), attached hereto as Exhibit 1 and incorporated herein, for the acquisition of right of way referred to herein, as well as certain easements referred to herein; and WHEREAS, the design and construction of the Project require the dedication of a right - of -way as identified in Attachment A and provided for by deed in Attachment Al, both attached hereto and incorporated herein; and WHEREAS, the design and construction of the Project also provide for the extension of and improvements to the City's sanitary sewer system that require the provision of a permanent easement as identified in Attachment A2 and temporary construction easement as identified in Attachment A3, both attached hereto and incorporated herein; and WHEREAS, Horizons West Land LLC, the property owner, ( "HW') has agreed to provide the City with the necessary easements and right -of -way in exchange for appropriate payment (the "Agreement ") attached hereto as Attachment A and incorporated herein; and WHEREAS, HW and the City have agreed that the value of the necessary easements and right -of -way and consideration for the same to be paid to HW is Two Hundred Twenty Thousand Dollars and No Cents ($220,000.00); and WHEREAS, said consideration for the acquisition of the above referenced easements and right of way will be provided through the Community Development Block Grant Program and will be subject to the terms and conditions established pursuant to that Program and the State of Missouri; and WHEREAS, the Board of Aldermen finds there to be a public purpose and that it is in the best interests of the City, in order to further the objectives of the industrial and economic development of the City, to acquire certain property rights as further described in the Agreement in connection with construction and maintenance of the Project and for the Board to approve the Agreement and execution of the attached right -of -way deed (Attachment Al), permanent sanitary sewer easement (Attachment A2), and temporary construction easement (Attachment A3) and approve the specified compensation for the Project. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. WO SECTION 1. BEST INTEREST OF THE CITY. It is in the best interests of the City, in order to further the objectives of the industrial and economic development of the City, and the 41 Street West and Helena Road Project (the "Project ") for the Board to approve and authorize execution and acceptance of the attached AGREEMENT, attached hereto as Exhibit 1 and incorporated herein, and the attachments thereto: the right -of -way deed (Attachment 1), permanent sanitary sewer easement (Attachment 2), and temporary construction easement (Attachment 3) and further authorizes payment in the amount of Two Hundred Twenty Thousand Dollars and No Cents ($220,000.00) for said property rights.; SECTION 2. AUTHORITY TO EXECUTE. The Mayor is hereby authorized to execute an Agreement in substantially the same form as set forth in Exhibit 1 and attachments thereto, and the officers, agents and employees of the City, including the Mayor, the City Administrator, Special Counsel to the City, the Finance Director and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out the terms and conditions of such Agreement and comply with the Community Development Block Grant Program and this Ordinance and the City Clerk is authorized to attest thereto upon satisfaction of the above conditions precedent as confirmed by the Special Counsel to the City. SECTION 3. SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon and after its passage and approval. BE IT REMEMBERED that the above was PASSED AND APPROVED by a majority of the Board of Aldermen, and APPROVED by the Mayor of the City of Riverside, Missouri, this 4 of May, 2013. GiE 1 • K- hleen L. Rose, Mayor ATTEST: • � �/ Robin Littrep; Cit Clerk \S pproved a - form: der Spence Fanelktt & Browne LLP, Special • • risen the City by Michael McKinley WA 4256302.1 EASEMENT AND RIGHT OF WAY AGREEMENT This EASEMENT AND RIGHT OF WAY AGREEMENT (hereinafter "the Agreement, ") made this ara day of ma. , 2013 by and between Horizons West Land LLC, ( "Grantor") and City of Riverside ( "Grantee " ; WITNESSETH: WHEREAS, Grantor owns that certain real property (hereinafter the "Property ") located in Platte County, Missouri, and legally described as set forth as Exhibit A of Attachments 1, 2 and 3 respectively; and WHEREAS, Grantee will simultaneously, with the execution of this Agreement convey to Grantee a Right of Way Deed for the construction, improvement, reconstruction and maintenance of a right of way for public uses as a street, roadway, or thoroughfare, and including but not limited to, the construction, maintenance and use of conduits, water, gas, sewer pipes, poles, wires, storm water drainage facilities, ducts and cables; and WHEREAS, Grantor will simultaneously with the execution of this Agreement convey to Grantee a Temporary Construction Easement for the right to survey, construct, maintain, repair, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the street improvements, including the right to trim, cut, fell and remove therefrom all underbrush, obstructions, signs, and any other obstacles, within the limits of the easement, together with the right to remove or relocate conduits, water, gas, sewer pipes, poles, wires, surface drainage facilities, ducts, or cables; and WHEREAS, Grantor will simultaneously with the execution of this agreement convey to Grantee a Permanent Sanitary Sewer Easement for the right to enter upon the easement at any time to survey, construct, reconstruct, install, locate, relocate, maintain, patrol, repair, replace, and use sanitary sewer lines, valves, manholes, such other lines Grantee deems necessary for sewer service and related equipment and facilities, and planting or removing vegetation. NOW, THEREFORE, for and in consideration of the above recitals, all of which are material to, and all of which are hereby incorporated into the terms of this Agreement, of the premises, of the mutual covenants and agreements herein contained, and of other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Conveyance. Grantor shall convey to Grantee a Right of Way Deed as set forth on Attachment 1, attached hereto and incorporated herein, a Permanent Sewer Easement as set forth on Attachment 2, attached hereto and incorporated herein, and a Temporary Construction Easement as set forth on Attachment 3, attached hereto and incorporated herein. (Grantor's Obligations) 2. Compensation. As sole consideration for Grantor performing its obligations as set forth in Paragraph 1 above, Grantee shall pay to Grantor the sum of Two Hundred Twenty Thousand Dollars ($220,000.00). 3. Fees. Attorney fees, consultant fees, or other costs by any party in the development, preparation, or execution of this Agreement shall be borne by the party so incurring the fees and costs. 4. Successors and Assigns. This Easement and Right of Way Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors, and assigns. (REST OF PAGE INTENTIONALLY LEFT BLANK) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below their respective signatures. "GRANTEE" CITY OF RIVERSIDE, MISSOURI 1 / By: ice, _:_ AA / 1 .r_e • Kathleen L. Rose, Mayor (SEAL) A �/ — ►'% . Robin Littrell, ity Clerk ACKNOWLEDGEMENT STATE OF MISSOURI ) SS COUNTY OF PLATTE ON THIS r V — day of May, 2013, before me, the undersigned, a Notary Public in and for said County and state, personally appeared Kathleen L. Rose, to me personally known, who being by me duly sworn, did say that she is the Mayor of the City of Riverside, Missouri, a municipal 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 municipality and that instrument was signed and sealed in behalf of said municipality by authority of its Board of Aldermen, and said individual acknowledged said instrument to be the free act and deed of said municipality. WITNESS my hand and official seal in the County and State aforesaid, the day and year first above written. NOSIN L LITTRELL INWOMYo- ota4 w Notary Public Signature Ste of tilhfe.Kl, Car Ceusp it 11390631 Mir 1015 Printed or Typed Name My Commission Expires: r,A % ato )s— "GRANTOR" Horizons West Land LLC, a Missouri limited liability company By: C Name: Art PAqcei am.4.3 Title: (.1E0p7iA,Lia STATE OF MISSOURI ) SS. COUNTY OF Pictife_. On this AS day of m a_ Li , 2013, before me appeared 1\14 %el 1499e4rd_do , to me personally known, who, being by me duly sworn, did say that he/she is the CEO/m A,Qp, .tahr of Horizons West Land, LLC, a Missouri limited liability company, and that he/she is authorized to sign the instrument on behalf of said company by authority of its members, and acknowledged to me that he/she executed the within instrument as said company's free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year f t above written. -re . -e. / Notary Public . Is ift My Commission Expires: fiA L 11 a w av , s - LIM: psi* p sal stow el ask Me Count, ComiSis OP 11390631 v c Or S. 2015 BILL NO. 2013-033 ORDINANCE NO. EXHIBIT 1 EASEMENT AND RIGHT OF WAY AGREEMENT This EASEMENT AND RIGHT OF WAY AGREEMENT (hereinafter "the Agreement, ") made this day of , 2013 by and between Horizons West Land LLC, ( "Grantor") and City of Riverside ( "Grantee "); WITNESSETH: WHEREAS, Grantor owns that certain real property (hereinafter the "Property ") located in Platte County, Missouri, and legally described as set forth as Exhibit A of Attachments 1, 2 and 3 respectively; and WHEREAS, Grantee will simultaneously, with the execution of this Agreement convey to Grantee a Right of Way Deed for the construction, improvement, reconstruction and maintenance of a right of way for public uses as a street, roadway, or thoroughfare, and including but not limited to, the construction, maintenance and use of conduits, water, gas, sewer pipes, poles, wires, storm water drainage facilities, ducts and cables; and WHEREAS, Grantor will simultaneously with the execution of this Agreement convey to Grantee a Temporary Construction Easement for the right to survey, construct, maintain, repair, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the street improvements, including the right to trim, cut, fell and remove therefrom all underbrush, obstructions, signs, and any other obstacles, within the limits of the easement, together with the right to remove or relocate conduits, water, gas, sewer pipes, poles, wires, surface drainage facilities, ducts, or cables; and WHEREAS, Grantor will simultaneously with the execution of this agreement convey to Grantee a Permanent Sanitary Sewer Easement for the right to enter upon the easement at any time to survey, construct, reconstruct, install, locate, relocate, maintain, patrol, repair, replace, and use sanitary sewer lines, valves, manholes, such other lines Grantee deems necessary for sewer service and related equipment and facilities, and planting or removing vegetation. NOW, THEREFORE, for and in consideration of the above recitals, all of which are material to, and all of which are hereby incorporated into the terms of this Agreement, of the premises, of the mutual covenants and agreements herein contained, and of other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Conveyance. Grantor shall convey to Grantee a Right of Way Deed as set forth on Attachment 1, attached hereto and incorporated herein, a Permanent Sewer Easement as set forth on Attachment 2, attached hereto and incorporated herein, and a Temporary Construction Easement as set forth on Attachment 3, attached hereto and incorporated herein. (Grantor's Obligations) 2. Compensation. As sole consideration for Grantor performing its obligations as set forth in Paragraph 1 above, Grantee shall pay to Grantor the sum of Two Hundred Twenty Thousand Dollars ($220,000.00). WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. 3. Fees. Attorney fees, consultant fees, or other costs by any party in the development, preparation, or execution of this Agreement shall be borne by the party so incurring the fees and costs. 4. Successors and Assigns. This Easement and Right of Way Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors, and assigns. (REST OF PAGE INTENTIONALLY LEFT BLANK) WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below their respective signatures. "GRANTEE" CITY OF RIVERSIDE, MISSOURI By: Kathleen L. Rose, Mayor (SEAL) Attest: Robin Littrell, City Clerk ACKNOWLEDGEMENT STATE OF MISSOURI ) SS COUNTY OF PLATTE ) ON THIS _day of May, 2013, before me, the undersigned, a Notary Public in and for said County and state, personally appeared Kathleen L. Rose, to me personally known, who being by me duly sworn, did say that she is the Mayor of the City of Riverside, Missouri, a municipal 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 municipality and that instrument was signed and sealed in behalf of said municipality by authority of its Board of Aldermen, and said individual acknowledged said instrument to be the free act and deed of said municipality. WITNESS my hand and official seal in the County and State aforesaid, the day and year first above written. Notary Public Signature (Seal) Printed or Typed Name My Commission Expires: WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. "GRANTOR" Horizons West Land LLC, a Missouri limited liability company By: Name: Title: STATE OF MISSOURI ) SS. COUNTY OF ) On this day of , 2013, before me appeared , to me personally known, who, being by me duly sworn, did say that he /she is the of Horizons West Land, LLC, a Missouri limited liability company, and that he /she is authorized to sign the instrument on behalf of said company by authority of its members, and acknowledged to me that he /she executed the within instrument as said company's free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires: WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. Attachment 1 Right of Way Deed Title of Document: Right of Way Deed Date of Document: May 21, 2013 Grantor: Horizons West Land, LLC. 6300 N Revere Kansas City, Missouri 64151 Grantee: City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A Return Document to: City of Riverside Sarah Wagner 2950 NW Vivion Road Riverside, Missouri 64150 EXHIBIT A WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. RIGHT OF WAY DEED THIS INDENTURE, made this day of , 2013, by and between: HORIZONS WEST LAND LLC, whose address 6300 N Revere, Kansas City, Missouri 64151, GRANTOR, and the CITY OF RIVERSIDE, MISSOURI, a Missouri municipality, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150, GRANTEE. WITNESSETH, that the GRANTOR, in consideration of the sum of Ten and 00 /100 Dollars ($10.00) 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 GRANTEE, its successors and assigns, a Right of Way for the construction, improvement, reconstruction, and maintenance of a right of way for public uses such as a street, roadway, or thoroughfare, and including but not limited to, the construction, maintenance and use of conduits, water, gas, sewer pipes, poles, wires, storm water drainage facilities, ducts, cables on, over, along, across, and under the following described tract of land situated in Platte County, Missouri, to -wit: See Exhibit A, attached GRANTOR further states that it is lawfully seized of title to the land through which the Right of Way is granted and that is has good and lawful right to convey the Right of Way to the GRANTEE herein. THIS GRANT and right of way 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 GRANTEE and to its successors and assigns forever. WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand this day of , 2013. GRANTOR: HORIZONS WEST LAND LLC Printed Name: STATE OF MISSOURI ) ) SS: COUNTY OF ) On the day of , 2013, before me appeared to me personally known, who, being by me duly sworn, did say that he /she is /are the of HORIZONS WEST LAND LLC Corporation of the State of , and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation, and the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors; and said acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year last above written. Notary Public My commission expires: WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. DESCRIPTION OF PROPERTY Right of Way WA 4256302.1 Exhibit A "0 - Right -Of -Way o S89`H'OCE I JO 6.41 -- e3 RD STREET the 84571261V 11.91 o f o F10 "..500' � & Ra53aa7 ti 6-1104'42 C la A R-.30.08 imola i o 290' SOY POINT OF BEGINNING D + sea 6.898.141* 18470.00' - .74011T Assumed, South 00°6741° West, along the Right -Of-Way 11 L'40.6Y 4- 1144.1 l ilt' East Ilse of the SW 114, Sec. 6, T501, 8331 !,•90.66' I(4 . 5'89"NO6 641.31' 8 POINT OF COMMENCEMENT (P.aa) 4"14wh2• 4 r ' NW Ca, NE 1/4 Sec 7 -50-13 t- ,;847' 118924'0118 93847' - - 5W Co, , SE 1/4 Sea 8 -50-33 t 1 d a ! I d14D$2 fdR I a1 1_ SW 1/4, See. 6 -50-33 L =Is0.1s' N007N p - 41E 434.49' o, k S6974 1 06'E 30.10' S uni SE 1/4 •' 74.62' r -$ea 6 -5p7 _ P.O.& 500707819 0.16• 1 J'I}IfL_ * 7 1 /4 74'06'.6 WT 00 ram Sec* 7 -50-4-73 NOO707lE 769.60' Right-Of-Way 11 it g 7032' 50020'28'W 34877 N8974b9w 1438.37 NW 1/4, Sea 7 -50-33 I NE I /4, Sec 7 -50-33 That put of the Southeast andSouthwest Quarters of Section 6, and that put oftheNortheast sod Northwest Quarters of Section 7, all In Township S0 Noah, Range 33 West, In the City of Riverside, Plane County, Missouri, more particularly desuibed es follows: Right -Ole -Way Description 6l Commencing at the Northwest caner of theNortheul Quads of aid Section 7; thence coincident with the Noah line ofaid Northeast Quarter, South 89 °24'06" Eat, 30.00 fat to the Point ofBegialog, thence, pets/lei with the West line of said Northeast Quarter, South 00°2078' Wen, 34937 het hence, pealkl with the North line ofNoahwal Qanerof.atd Section 7, North 89'24'06' West, 1438.31 het thence North 02 °14139• East, 60.02 trek thence, parallel with the Noah Zino of said Northwest Queerer, South 89•24'06' Eat, 137632 feet thence, paellel with the East line of said Northwest Quaver, North 00 °20'288' East, 289.60 reek thence, parallel with the East lbw ofthe Southwest Quarter of said Section6, Noah 00'10'41' East, 434.49 fate theme Northeasterly, alonga tangent carve to the right, said awe having a radius of 530.00 feet and a central angle of 14 °04'12 ", fora distance of 130.15 fed; thence continuieg Northeasterly, along a tangent curves, the leR, said cen'e having a radius of 470.00 fed and. central angle of 14°04 hr• dhance of 115.02 feel m point on the Eat lice ofsald Southwest Quarter; thence coincident with altEast line, South 00'10'41' West, 652.64 feet; theme, depuring said Eat line, end parallel with the South tine of said Southwest Quarter, South 89'24'06' Eat, 30.00 fate thence, parallel with the East tine of said Southwest Quarter, South 0090'4 West, 24.82 far; thence, parallel aids the West Ilne of the Northeast Qua erotaid Section 7, South 00°2078• Wen, 0.18 fat to he Point of Beginning, containing 121,129 square het, or 3781 ace, more or lea Rigor -0f• W ay Dacdptbo in Conunendngat the Southwest comer o(ald Southeast Quarhq thence coincident with the West the of sold Southeast Quarter, North 00 •10'41• Past, 67286 feet to the Point ofBegionhg hence, continuing along said West line, North 00'10'41' East, 720.84 to • point on the South right-of-way line af43rd Street, as it now exists; thence, coincident with said South right -of -way line, South 89'24'06' East, 68.47 Rik thew, departing said Sash right -of-way One, South 45°2318" West, 11.93 fate thence, paselki with the West line of said Southeast Quarter, South 00°10 West, 60.65 fate thence Southeasterly, along cogent chase to the leis, said curve having a radius of39.00 fret and acennal eagle of 89•34'41, fora daanea of 60.97 fret Ounce, parallel with the South line afield SoutheastQaute, South 89.24 East, 64131 feel; thence Northeasterly, along a tangent curve to the leR, aid curve lasing endive of 470.00 teamed acentral angle of 11 ", fora distance of 90.88 feet; thence wattling Noaheashdy, along • tangent curve to the right, said carve having a radius of530.00 feet ada centalangle of 11'04'42", Shea dbtmee of 102.48 seek hence, parallel with the South line amid Southeast Quarter, South 8924'06' Eat, 3.11 fats a point on Oro West right•f - way line ofhfation Road, as It now exists; tune, cobnldatwith said Weal right-away Ibe, South 00 East, 78.65 fat thence, deputing said West right-of-way line godparent( with the South One efaid Southeat Quarter, Noah 89'24W West, 936.42 het to the Poht ofBegiming, containing 98,057 square fat, x2.251 ace, more or lea. • I hereby certify that this real property description has been prepared by me or under my direct supervision. ', % 11 ell LWCHAD, ta ' '°07 ° Renaissance Infrastructure - t # ET Schmid r � t1S- 2004443910: 10143 �•.- 2 0143910 Consulting (R °I °C� S�, �� 2220. Condeda Terra -5 ‘57/ LAND • ,, $. Leawood, KS 66209 114908 Linn Road L r ear DIDi1 tP (913) 334.8819 317 1 Ina,&a cum (913)317 .0300 1 axw.rcNefnrmmmemm BILL NO. 2013 -033 ORDINANCE NO. Attachment 2 Permanent Sanitary Sewer Easement Title of Document: Permanent Sanitary Sewer Easement Date of Document: May 21, 2013 Grantor: Horizons West Land, LLC. 6300 N Revere Kansas City, Missouri 64151 Grantee: City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A Return Document to: City of Riverside Sarah Wagner 2950 NW Vivion Road Riverside, Missouri 64150 WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. PERMANENT SANITARY SEWER EASEMENT THIS EASEMENT, made and granted into this _ day of , 2013, from and by Horizons West Land, LLC., having and address of 6300 N Revere, Kansas City, Missouri 64151 ( "GRANTOR ") or the CITY OF RIVERSIDE, MISSOURI, a forth class city and political subdivision of the State of Missouri, having and address of 2950 NW Vivion Road, Riverside, Missouri 64150, its successors and assigns, ( "GRANTEE "). WITNESSETH, that the Grantor, in consideration of the sum of Ten and 00 /100 Dollars ($10.00) and other good and valuable considerations to it paid by the Grantee, the receipt and sufficiency of which herby acknowledges, does the present grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Permanent Sanitary Sewer Easement and right -of -way, including the right to enter upon the easement at any time to survey, construct, reconstruct, install, locate, relocate, maintain, patrol, repair, replace, and use ( "Easement Activities ") sanitary sewer lines, valves, manholes, such other lines Grantee deems necessary for sewer service and related equipment and facilities, and planting or removing vegetation ("Improvements") over, under, through, across, and upon the following described lands in Platte County, Missouri, to wit: See Exhibit A GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the Improvements located on, in, under, though, or across the above described property and for all proper purposes connected with any Easement Activities. GRANTOR agrees not to obstruct or interfere with the Easement Activities related to the Improvements and to not erect or cause of allow to be erected, any building or structure other than fences on said easement. Grantor understands and agrees that Grantee may cause the summary removal of any building or structure placed without Grantor's consent and that Grantor shall make no claim for and shall hold Grantee harmless from any claim by a third person for damage to or destruction of the property so removed. WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. GRANTOR further agrees for itself, its heirs, successors and assigns that it shall not cause or allow any act or occurrence or condition of land that disturbs the subjacent or lateral support of the area conveyed and that Grantee shall have the right of reasonable access over any property adjacent to the area conveyed, for the purpose of construction, grading, maintenance, repair, and reconstruction of surface or subsurface sanitary sewer and supporting or ancillary structures, and planting or removing vegetation, in or on the area conveyed and the right to remove any structure necessary or convenient to accomplish same. GRANTOR further states that is lawfully seized of title of 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 installation of the Improvements or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, fences, or growing crops damages caused during installation 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 Grantor has hereunto set his or her hand this day of , 2013. GRANTOR: HORIZONS WEST LAND LLC Printed Name: WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. STATE OF MISSOURI ) ) SS: COUNTY OF ) On the day of , 2013, before me appeared to me personally known, who, being by me duly sworn, did say that he /she is /are the of HORIZONS WEST LAND LLC, a Corporation of the State of , and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation, and the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors; and said acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year last above written. Notary Public My commission expires: WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. DESCRIPTION OF PROPERTY Sanitary Sewer Easement WA 4256302.1 Exhibit A Permanent Sanitary Sewer Easement I S8924'08"E 1 1300' / //� i I of°SS/E g'o 2 1 N i 13.00' 1 it T 1 " =20' 1 �� —� 1 0 10' 20' c ,o Assumed, South 00 °t0'41" West, along the J d East line of the SW 1/4, Sec, 6, T5ON, R33 W 41 di :a 11.i/- - Point Of Commencement SE Cor, SW 1/4 Sec. 6 -50 -33 Permanent Sanitary Sewer Easement That part of the Southwest Quarter of Section 6, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, more particularly described as follows: Commencing at the Southeast corner of said Southwest Quarter; thence coincident with the East line of said Southwest Quarter, North 00 ° 10'41" East, 664.86 feet to the Point of Beginning; thence, parallel with the South line of said Southwest Quarter, North 89 °24'06" West, 13.00 feet; thence, parallel with the East line of said Southwest Quarter, North 00 °10'41" East, 20.00 feet; thence, parallel with the South line of said Southwest Quarter, South 89 °24'06" East, 13.00 feet to a point on the East line of said Southwest Quarter; thence, coincident with said East line, South 00 °10'41" West, 20.00 feet to the Point of Beginning, containing 260 square feet, or 0.006 acres, more or less. I hereby certify that this real property description has been prepared by the or under my direct supervision. 1% tt ltl I tu s //j .• PF M/ c. // 0/ MICHAB. '•� SQIMID1BER0ER = F. 4 t NUMBER + F. Renaissance Infrastructure LS- 200010143910 i ` Michael Schmidtberger �^ �� . i • ►� `. • Missouri 0143910 Consulting (R.1.0 „ 2224 Condoler doles rr. Te 10;7-81. `.` ` L*tD • .' I l t l its ,0\`‘ 0 Leawood, KS 66209 11490 Strang Line Road I Lenexa, Kamm 66215 1 (913) 334 - 8819 (913) 317-9500 I www.renInfiastntaure.com tmcmre.com BILL NO. 2013 -033 ORDINANCE NO. Attachment 3 Temporary Construction Easement Title of Document: Temporary Construction Easement Date of Document: May 21, 2013 Grantor: Horizons West Land, LLC. 6300 N Revere Kansas City, Missouri 64151 Grantee: City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A Return Document to: City of Riverside Sarah Wagner 2950 NW Vivion Road Riverside, Missouri 64150 WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , 2013, by and between: HORIZONS WEST LAND LLC whose address is 6300 N Revere, Kansas City, Missouri 64151, GRANTOR, and the CITY OF RIVERSIDE, MISSOURI, a Missouri municipality, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150, GRANTEE. WITNESSETH, that the GRANTOR, in consideration of the sum of Ten and 00 /100 Dollars ($10.00) 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 and convey unto GRANTEE, its successors and assigns, a temporary construction easement in connection with the NW 41 STREET AND NW HELENA ROAD CONSTRUCTION PROJECT over, upon, and across the following described tracts of land situated in Riverside, Platte County, Missouri, to wit: See Exhibit A, attached The easement includes the right to survey, construct, maintain, repair, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the street improvements, including the right to trim, cut, fell and remove therefrom all underbrush, obstructions, signs, and any other obstacles, within the limits of the easement, together with the right to remove or relocate conduits, water, gas, sewer pipes, poles, wires, surface drainage facilities, ducts, or cables. GRANTOR, their heirs and assigns, reserve all such rights and privileges as may be used without interfering with or abridging the rights and easement herein acquired. GRANTOR further states that it is lawfully seized of title to the land through which the easement is granted and that is has good and lawful right to convey the easement to the GRANTEE herein. WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. THIS temporary construction easement shall terminate two (2) years from the date above. At the completion of construction or termination of this easement, GRANTEE shall restore the ground to substantially the same physical condition that existed at the time the GRANTEE or its agents entered upon it. THIS easement 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 GRANTEE and to its successors and assigns. IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand this _ day of , 2013. GRANTOR: HORIZONS WEST LAND LLC Printed Name: STATE OF MISSOURI ) ) SS: COUNTY OF ) On the day of , 2013, before me appeared to me personally known, who, being by me duly sworn, did say that he /she is /are the of HORIZONS WEST LAND LLC, a Corporation of the State of , and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation, and the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors; and said acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year last above written. Notary Public My commission expires: WA 4256302.1 BILL NO. 2013 -033 ORDINANCE NO. DESCRIPTION OF PROPERTY Temporary Construction Easements WA 4256302.1 Exhibit A Temporary Construction Easements Temporary Construction Easement g1 That part of the Southwest Quarter of Section 6, and that part of the Northwest Quarter of Section 7, all in Township 50 North, Range 33 West, in the City of Riverside, Plane County, Missotul, more particularly desenbed as follows: Commeneing at the Northeast comer of said Northwest Quarter, thence coincident with the North line of said Northwest Quarter,Nonh 89°24'06" West, 30.00 Rat to the Point of Beginning; thence departing said North line, and parallel with the East line of the Southwest Quarter ofsald Section 6, South 00°10'41° West, 0.18 feet; thence, parallel with the East line of the Northwest Quarter ofuid Section 7, South 00 ° 20'28' West, 167.82 fear, thence, parallel with the North line of said Northwest Quarter, North 89°24'06" West, 30.04 fear thence, parallel with the Past line of the Southwest Quarter of said Section 6, North 00 °10'41' East, 736.22 feet; thence, parallel with the South line Maid Southwest Quarter, North 89°24'06" West, 125.49 feet thence, parallel with the East line of raid Southwest Quarter, North 00 °10'41" East, 110.00 Kett thence, pantile] with the South line of said Southwest Queer, South 89 °24'06" East, 170.00 feet; thence, with the past line of said Southwest Quarter, North 00°10'41" Past, 640.57 feet to apoint on the North line of the Southeast Quarter of said Southwest courier; thence, coincident with said North line, South 89'19'18" East, 25.00 feet to apolnt on the East line of said Southwest Quarter, thence, coincident with said East line, South 00 °10'41" West, 641.12 far thence deputing said East line, Southwesterly, along a tangent curve to the right, said curve having a radius of470.00 feet and a antral angle of 14 °04'12 ", for a distance of 115.42 feet; Ounce, continuing Southwesterly, along a tangent carve to the left, said curve having a radius of530.00 feet and a antral angle of 14°04'12 ", for a distance of 130.15 feet thence, parallel with East line of said Southwest Quarter, South 00 °10'41" West, 434.32 feet to the Point of Beginning, containing 66, 809 square feet, or 1.534 acres, more or leas. And also... Temporary Construction Easement g2 That part of the Southeast Quarter of Section 6, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, more particularly described as follows: Commencing at the Southwest comer of said Southeast Quarter, thence, coincident with the West line of said Southeast Quarter, North 00°10'41" East, 776.14 feet thence, departing said West Ike, South 89 °49'19" East, 60.00 fat to the Point of Beginning; thence, parallel with the West line ofield Southeast Quarter, North 00°10'41' East, 613.65 feet; thence North 45 °23'28" East, 11.93 feet to a point on the South right -of -way line of 43rd Street, as It now exists; thence, coincident with said South right -ofway line, South 89'24'06 East, 91.53 feet; thence, departing said South right-of-way lino and parallel with the West line of said Southeast Quarter, South 00 °10'41" West, 69.53 fat; thence North 89 °34'25' West, 50.00 feet; thence, parallel with the West Iine of said Southeast Quetta, South 00 °10'41" West, 541.15 far thence, paned with the South line ofsald Southeast Quarter, South 89°24'06" East, 761.05; thence, parallel with the West right-of-way line ofMattox Road, as it now exists, North 00 °16'14" East, 30.00 feet; thence, parallel with the South line of said Southeast Quarter, South 89 ° 24'06" East, 75.00 far thence parallel with said West right-of-way Ike, North 0096'14" East, 150.00 feet; thence, parallel with the South line of said Southeast Quarter, South 89 ° 24'06' East, 40.00 feel to apoint on the West right-of-way line of said Matox Road; thence, coincident with said West right-of-way line, along the following courses: South 0096'14" Way 171.73 far South 23 ° 42'22" West, 20.04 feel; thence North 89 West, 4292 fat; thence South 00 ° 32'59" West, 21.21 far thence, departing said \Vast right-of-way line and parallel with the South lino of said Southeast Quart, Nosh 89 °24'06" Wert, 3.11 far thence Southwesterly, along a tangent curve to the kg, said curve having a radius of 530.00 fat and a central angle of 11 °04'42', for a distance of 102.48 feet; thence continuing Southwesterly, elonga tangent curve to the right, said curve having a radius of470.00 feet and a central angle of 11 ° 04'42 ", for distance of90.88 feel; thence parallel with the South line of said Southeast Quarter, North 89 West, 641.31 feet; thence Northwesterly, along a tangent curve to the right, said curve having a radius of 39.00 Ret and a central angle of 89 °34'47 ", for a distance of 60.97 fed to the Point of Beginning, containing 85,439 fat, or 1.961 acres, more or less. I hereby certify that this real property description has been prepared by me or under my direct supervision. ``` c0 ust urr4er r n , MICHAEL `•n ee 9:10.11 7BfRGER k NUMBER : 4 = Meet r oft &.LS- 200014391 Renaissance in{rastructure -' -- � � � Michnel Schmldtber - /r rr • LN`D tss c 0 2224 Co n dole 000143910 Consulting (R 1'�� ann upOt 2224Coodolea Tem. a Leawood, KS 66209 11490 Strang W e Road 1 Lens, Lamas 66215 I (913) 334 -8819 (913)317-9500 1 wsw.renInfnraucnue.wm Exhibit A Temporary Construction Easements t 4 ', L24 43RD STREET `� ■ la L I Q re IY e x 1 - *^4 MI 1 w !� 1� Q 9 Ei Y f 1 V P.0.8. t.1v t X1 1 ICE 12 L48 r JI 1 L8 L38 ce Jar L37 l6 �I (..) 1 b b vi �� 1 "-.250 Y 0 115' 258 I I/� g Assumed, South 60 ° 1841"West,d the ` East line of SW IN, See. 6,TSON, R33W IA to ad ROA T.CE 1 S Una SE 1/4 Sec. 6 -50-33 4 N I/' NE Car, NW 1/4 See 7 -50-33 4 I SW C r, SE 1/4 Sea 6 -50-33 3:CE 12 INIIIra i r PSG.. Pent of Commencement -'r:li Rut- Pohl o/ 9 � Beghnn tE rno 1, ttc;2l gg ara1.1alr Ya!(Ii IX ICE Jl © �;..T �"YZ' •. riiltri : I mf::, rt,>aak•t. , rtizrr;zrs d, mtE fYLL l,O. /flit. 41 L1ata mE ©E -a 1111”4 W [Jf""FltYid'.T^J la3l! • • ta: a ,•• • Flit izR t J . c P k I r 7o Me 421 •• fflI"". sF"rL- 'ltt7�9 aVIE'.%;H7Ff!pp0 3r:1 -.n•'Y . an MS .1141Y Sy:•.7 IM ran.111.1 o cr clR 7Rf Yi7 rAIrTTarvr Y37 Sheet 2o12 0 Renaissance Infrastructure Consulting (RISC) 11490 Stuns Line Road 1 Lenexa Kamm 661151 (913)317.9500 1 amw.rednfwemeart.mm 5 Recorded in Platte County, Missouri Recording Date /Time: 06/1912013 at 09:33:29 AM Instr Plumber: 2013009744 tbER Op Book: 1213 Page: 458 • c • a ;FN , Type: DE ESMT • : • c Pages: 6 ?1 ; .:•i iQ: Fee: $36.00 3 III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII " "" G,o n a Bo ,,, ye > Ai Grantor: HORIZONS WEST LAND LLC Recorder o Deeds Grantee: RIVERSIDE CITY OF Title of Document: Temporary Construction Easement Date of Document: May 21, 2013 Grantor: Horizons West Land, LLC. 6300 N Revere Kansas City, Missouri 64151 Grantee: City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A Return Document to: City of Riverside Sarah Wagner 2950 NW Vivion Road Riverside, Missouri 64150 Book 1213 Page 4S8 • TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this o� t day of '(\Gy , 2013, by and between: HORIZONS WEST LAND, LLC whose address is 6300 NAevere, Kansas City, Missouri 64151, GRANTOR, and the CITY OF RIVERSIDE, MISSOURI, a Missouri municipality, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150, GRANTEE. WITNESSETH, that the GRANTOR, in consideration of the sum of Ten and 00 /100 Dollars ($10.00) 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 and convey unto GRANTEE, its successors and assigns, a temporary construction easement in connection with the NW 41 STREET AND NW HELENA ROAD CONSTRUCTION PROJECT over, upon, and across the following described tracts of land situated in Riverside, Platte County, Missouri, to wit: See Exhibit A, attached The easement includes the right to survey, construct, maintain, repair, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the street improvements, including the right to trim, cut, fell and remove therefrom all underbrush, obstructions, signs, and any other obstacles, within the limits of the easement, together with the right to remove or relocate conduits, water, gas, sewer pipes, poles, wires, surface drainage facilities, ducts, or cables. GRANTOR, their heirs and assigns, reserve all such rights and privileges as may be used without interfering with or abridging the rights and easement herein acquired. GRANTOR further states that it is lawfully seized of title to the land through which the easement is granted and that is has good and lawful right to convey the easement to the GRANTEE herein. THIS temporary construction easement shall terminate two (2) years from the date above. At the completion of construction or termination of this easement, GRANTEE shall restore the ground to substantially the same physical condition that existed at the time the GRANTEE or its agents entered upon it. THIS easement 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 GRANTEE and to its successors and assigns. IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand this a8 da of 'M , 2013. Book 1213 Page 458 GRANTOR: HORIZONS WEST LAND, LLC c Printed Name: NWan(5ni STATE OF MISSOURI ) ) SS: COUNTY OF PIle++P. ) On the } / ' day of , 2013, before me appeared NC, %e,\ NOcyancn to me personally known, who, being by me duly sworn, did say that he/she isfare the of HORIZONS WEST LAND, LLC, a Corporation of the State of t . 4 - , and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation, and the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors; and said vit acknowledged said instrument to be the free act and deed of said Corporate n. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year last above written. Not. ' ublic My commission expires: % 1 r a s 2314 LIZABETH R. KNO Seal Notary Pub M ISSO STATE OF MISSOURI Clay County My CommisComsion misslon Expires 8 10521575 Mar. 28, 2014 Book 1213 Page 458 Exhibit A Temporary Construction Easements Tensporary Construction Easement 41 That part of the Southwest Quarter of Section 6, and that put of the Northwest Quarter of Section 7, all in Township 50 North, Range 33 West, in the City ofltivenide, Platte County, Missouri, more particularly described as follows: Commencing at the Northeast corner ot said Northwesl Quarter, thence coincident with the North line of said Northwest Quarter, North 89 °24'06" West, 30.00 feet to the Point of Beginning; thence departing said North line, and parallel with the East line of the Southwest Quarter of said Section 6, South 00 West, 0.13 feel; thence, parallel with the East lino of the Northwest Quarter of said Section 7, South 00°2028" West, 16722 feet; thence, parallel with the North line of said Northwest Quarter, North 89°24'06° West, 30.04 feet; thence, parallel with the gat line of the Southwest Quarter of said Section 6, North 00°10'41" East, 736.22 feet thence, parallel with the South line of said Southwest Quarter, North 89 West, 125.49 feet; thence, parallel with the East line of said Southwest Quarter, North 00 °10'41" East, 110.00 fee; thence, parallel with the Southline of said Southwest Quarter, South 89 ° 24'06" East, 170.00 feet; (hence, with the East line of said Southwest Quarter, North 00 °10'41" East, 640.57 feet to a point on the North line of the Southeast Quarter of said Southwest Quarter, thence, coincident with said North line, South 89 °19'18" East, 25.00 feet to apoint on the East line of said Southwest Quarto; thence, coincident with said Eat line, South 00 °10'41' West, 641.12 feet; thence departing said East line, Southwesterly, along a tangent curve to the right, said curve having a radius of 470.00 feet and a antral angle of 14 ° 04'12 ", for distance of 115.42 feet; thence, continuing Southwesterly, along a tangent curve to the left said curve having a radius of530.00 feet and • central angle of 14°04'12 ", for a distance of 130.15 feet; thence, parallel with East line of said Southwest Quarter, South 00 °10'41" West, 434.32 feel to the Point of Beginning, containing 66, 809 square feet, or 1.534 acres, more or less. And also... Temporary Construction Easement 112 Thal pan of the Southeast Quarter of Section 6, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, more particularly described as follows: Commencing at the Southwest comer of said Southeast Quarter; thence, coincident with the West line of said Southeast Quarter, North 00 ° 10'41' Eat, 776.14 fee; thence, departing said West line, South 89 ° 49'19" East, 60.00 feet to the Point of Beginning; thence, parallel with the West line of said Southeast Quarter, North 00 East, 613.65 feet; thence North 45 East, 11.93 feet to a point on the South right-of-way line of 43rd Street, as it now exists; thence, coincident with said South right-of-way line, South 89°24'06 East, 91.53 feet; thence, departing said South right-of-way line and parallel with the West line of said Southeast Quarter, South 00 ° 10'41" West, 69.53 feet; thence North 89 °34`25" West, 50.00 fee; thence, parallel with the West line of said Southeast Quarter, South 00 0 10 1 41" West, 541.15 keg thence, parallel with the South line of said Southeast Quarter, South 89°24'06" East, 761.05; thence, parallel with the West rightot- -way line of Mattes Road, as it now exists, North 00 °16'14" East, 30.00 Re; thence, parallel with the South lint of said Southeast Quarter, South 89 ° 24'06" East, 75.00 feet; thence parallel with said Westrighlof -way line, North 00 °16'14' East, 150.00 fee; thence, parallel with the South line of said Southeast Quarter, South 89 ° 24'06" Eat, 40.00 feet to apoint on the West right-of-way line of said Mattes Road; thence, coincident with said West right-of-way line, along the following courses; South 00 °16'14" West, 171.73 feet•, South 23 °42'22" West, 20.04 feet; thence North 89°23'44" Wes; 42.92 rest; thence South 00 ° 32'59" West, 2121 feet; thence, departing said West right-of-way line and gh y ' parallel with the South (Inc of said Southeast Querkr, Nosh 89 °24'06" Wes; 3.11 fa; thence Southwesterly, along a tangent curve a the len, said curve having a radius of 530.00 feet and a central angle of 11 °04'42', fora distance of 102.48 feet; thence continuing Southwesterly, alonga tangent curve to the right, said curve having a radius of 470.00 feet and a central angle of 11 ", fora distance of90.88 feet; thence parallel with the South line of said Southeast Quarter, North 89 West, 641.31 feet; thence Nonhwesterly, along a tangent curve to the right, said curve having a radius of 39.00 feet and a central angle of 89 °34'47 ", for a distance of 60.97 feet to the Point of Beginning containing 85,439 feet, or 1.961 acres, more or less. I hereby certify that this real property description has been prepared by me or undermy direct supervision. Ja nliu tts% DF Mf.•o ` r / , mama P SgOlNIDEROER • : talu9ER : ♦ E meat hurl LS- 2000143910 ? � Renaissance Infrastructure rOrr rn, mi MissouriLS- 2000143910 • Consulting (R • I a C) u n tn 2224 Gondola Tea. i Leawood, KS 66209 11490 Strang Una cad 1 leneo, Kansas 66215 I (913) 334 -8819 (91313179500 1 uvw.reninfrs nucnue.com Book 1213 Pac 458 Exhibit A Temporary Construction Easements I I L24 43RD STREET _ tl ( r� I L26 C t Vi Q %,.. 1 0 re At; K y O \ t6 N �( r n ti bi 1 ^ 4 Q 91 ..,E� ~Y1 311 I t 1 121 LGE. 7x L18 n L304 I C5 1.35 `g L38 L� L3 GT 7 0 44 �(/J� r (at. 0 Aix 4.0 I 1 "=420 0 115' 250' 2Y vl H Assumed, South 00°10'41• West, along the I/1 East line of the SW tf4, See. 6,T501J, AM! W3 t P.O.B. t t ICE fl S Line, SE 1/4 Sea 6 - 50 - 33 M - T V — — — —� PAC f ' "-j NE Car, NW 1/4 Sea 7 -50-33 A I SW Car, SE 1/4 S ea 6 -50-33 LGE I? Ct 14 IIMPal IMMI f P.O.G Poi,I of Commencement 11 © �s.ro ROIL. Poh,t of Efe ® t- . l 57tTy a ©f n11:uss9 A EC .E 11 1I! n, 244141.4 ©s -,z PI •' 4111 V ne ©W 1 Ai X 1 ll»p Lilti ,ri,h. a. nog 1 Flit r Mt it MI* ©! rn 0■ itr ?t:' nit “41•110 .4 W Iris ldisLrd no YI isoLu P1 1 rive tut., :tiir :.rkm E7l «. s4n9 CAW Jai/tax-4 MINI En i a MI Ea ■st till! /n6ia Mr..k• i L LIRA 161t br film IMErrliiMIN n �0� Va"nriR•7rrYCI Ls7 W77RTRili icsrrar trim arrLiR'7RTMli FAI77711rAll erifa Sheet 2 of 2 0 Renaissance Infrastructure Consulting (R °I °C) 11490 Stung Wm Read 1 Lemma, Kaoas 661131 (913)317-9500 1 avw.re&nfrenmearcsam Recorded in Platte County, Missouri Recording Date/Time: 06119/2013 at 09:33:29 AM Instr Number: 2013009743 is; ' pER F Book: 1213 Page: 457 $4t: 1•0 Type: DE ESMT , • ` Pages: 4 ` P.:. 44 i a Fee: $33.00 S ID1111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIU �y J�� ' � ' "•.. ; � ' v � Grantor: HORIZONS WEST LAND LLC Gloria Boyer, Grantee: RIVERSIDE CITY OF Recorder of Deeds Title of Document: Permanent Sanitary Sewer Easement Date of Document: May 21, 2013 Grantor: Horizons West Land, LLC. 6300 N Revere Kansas City, Missouri 64151 Grantee: City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A /Return Document to: City of Riverside Sarah Wagner 2950 NW Vivion Road Riverside, Missouri 64150 Book 1213 Page .437 PERMANENT SANITARY SEWER EASEMENT THIS EASEMENT, made and granted into this day of 1 , 2013, from and by HORIZONS WEST LAND, LLC, having and address of 6300 N Revereas City, Missouri 64151 ( "GRANTOR ") or the CITY OF RIVERSIDE, MISSOURI, a forth class city and political subdivision of the State of Missouri, having and address of 2950 NW Vivion Road, Riverside, Missouri 64150, its successors and assigns, ( "GRANTEE "). WITNESSETH, that the Grantor, in consideration of the sum of Ten and 00 /100 Dollars ($10.00) and other good and valuable considerations to it paid by the Grantee, the receipt and sufficiency of which herby acknowledges, does the present grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Permanent Sanitary Sewer Easement and right -of -way, including the right to enter upon the easement at any time to survey, construct, reconstruct, install, locate, relocate, maintain, patrol, repair, replace, and use ( "Easement Activities ") sanitary sewer lines, valves, manholes, such other lines Grantee deems necessary for sewer service and related equipment and facilities, and planting or removing vegetation ( "Improvements ") over, under, through, across, and upon the following described lands in Platte County, Missouri, to wit: See Exhibit A GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the Improvements located on, in, under, through, or across the above described property and for all proper purposes connected with any Easement Activities. GRANTOR agrees not to obstruct or interfere with the Easement Activities related to the Improvements and to not erect or cause of allow to be erected, any building or structure other than fences on said easement. Grantor understands and agrees that Grantee may cause the summary removal of any building or structure placed without Grantor's consent and that Grantor shall make no claim for and shall hold Grantee harmless from any claim by a third person for damage to or destruction of the property so removed. GRANTOR further agrees for itself, its heirs, successors and assigns that it shall not cause or allow any act or occurrence or condition of land that disturbs the subjacent or lateral support of the area conveyed and that Grantee shall have the right of reasonable access over any property adjacent to the area conveyed, for the purpose of construction, grading, maintenance, repair, and reconstruction of surface or subsurface sanitary sewer and supporting or ancillary structures, and planting or removing vegetation, in or on the area conveyed and the right to remove any structure necessary or convenient to accomplish same. GRANTOR further states that is lawfully seized of title of 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 installation of the Improvements or any subsequent maintenance or repair operations. Grantee further Boots 1213 Page 457 agrees that any trees, shrubbery, fences, or growing crops damages caused during installation 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 Grantor has hereunto set his or her hand this day of , 2013. CJ GRANTOR: HORIZONS WEST LAND, LLC Printed Name: ,. ,il'(3l • r c - n STATE OF MISSOURI ) ) SS: COUNTY OF PIG ) On the day of ff\ , 2013, before me appeared to me personally known, who, being by me duly sworn, did say that he/she islet the thevn of HORIZONS WEST LAND, LLC, a Corporation of the State of mw]Sot ere , and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation, and the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors; and said _stsdnemasar acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year la above written. /• . - Ii ► t_ • Nota 'ublic My commission expires: LIZABETH R. KNOPF co Notary 1 eArdn ) aL E OF MIS Public-Notary Clay County My Commission Expires Mar. 28, 2014 Commission a 10521575 gook 1213 Page 457 Exhibit A Permanent Sanitary Sewer Easement I 58924'08 ° E I r -- ------ 13.00 (0 r cs 0; 'o $ I N N 0 1 N 13.00' 4. 0 R 1 4 N8924'06 % I -� — 1 - N 2 0 10' 20' s p u Assumed, South 00°10'41" West, along the m East One of the SW 1/4, Sec. 6, T5ON, R33W W wtn aJ PI 0 S Point Of Commencement SE Cor, SW 1/4 Sec. 6-50-33 Permanent Sanitary Sewer Easement That part of the Southwest Quarter of Section 6, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, more particularly described as follows: Commencing at the Southeast comer of said Southwest Quarter; thence coincident with the East line of said Southwest Quarter, North 00 °10'41" East, 664.86 feet to the Point of Beginning; thence, parallel with the South line of said Southwest Quarter, North 89 °24'06" West, 13.00 feel; thence, parallel with the East line of said Southwest Quarter, North 00 °10'41" East, 20.00 feet; thence, parallel with the South line of said Southwest Quarter, South 89 °24'06" East, 13.00 feet to a point on the East line of said Southwest Quarter; thence, coincident with said East line, South 00 °10'41" West, 20.00 feet to the Point ofBeginning, containing 260 square feet, or 0.006 acres, more or less. 1 hereby certify that this real property description has been prepared by me or under my direct supervision. •`` t OF I tit/n/1. M /S /i, AY .. - - (7t MICHA EL t� - • i • SCHMID1BERGER 1 7 NUMBER I 4 = Renaissance Infrastructure • �j L 20001439(0. ;Michael Schmidtberger 1- °i ••-•-• Missouri LS- 2000143910 Consulting (R. I.0 ''� , / , ,... sS ` ```` Leawood, KS 6 209 11490 Strang Line Road I Lenexa, Kansas 66215 1 '' l it % ` • (913) 334 - 8819 (913) 31? 1 www.reninfrasuucmre.com • Recorded In Platte County, Missouri Recording Date/Time: 06/1912013 at 09:33:29 AM Instr Number: 2013009742 G oP OeR ,,,, - Book: 1213 Page: 456 , : Q � ► , • N - T DE PJW • • 3 Pages: 4 ' ''•. s Fee: S33.00 S ' ;y a' III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '- Gloria Boyer, Grantor: HORIZONS WEST LAND LLC Grantee: RIVERSIDE CITY OF Recorder of Deeds Title of Document: Right of Way Deed Date of Document: May 21, 2013 Grantor: Horizons West Land, LLC. 6300 N Revere Kansas City, Missouri 64151 Grantee: City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit A , Return Document to: City of Riverside Sarah Wagner 2950 NW Vivion Road Riverside, Missouri 64150 Book: 1213 Page 456 RIGHT OF WAY DEED THIS INDENTURE, made this r day of Mau , 2013, by and between: HORIZONS WEST LAND, LLC, whose address b300 N Revere, Kansas City, Missouri 64151, GRANTOR, and the CITY OF RIVERSIDE, MISSOURI, a Missouri municipality, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150, GRANTEE. WITNESSETH, that the GRANTOR, in consideration of the sum of Ten and 00 /100 Dollars ($10.00) 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 GRANTEE, its successors and assigns, a Right of Way for the construction, improvement, reconstruction, and maintenance of a right of way for public uses such as a street, roadway, or thoroughfare, and including but not limited to, the construction, maintenance and use of conduits, water, gas, sewer pipes, poles, wires, storm water drainage facilities, ducts, cables on, over, along, across, and under the following described tract of land situated in Platte County, Missouri, to -wit: See Exhibit A, attached GRANTOR further states that it is lawfully seized of title to the land through which the Right of Way is granted and that is has good and lawful right to convey the Right of Way to the GRANTEE herein. THIS GRANT and right of way 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 GRANTEE and to its successors and assigns forever. IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand this day of r(cu , 2013. GRANTOR: HORIZONS WEST LAND, LLC Printed Name: ■ . t - s_. n STATE OF MISSOURI ) ) SS: COUNTY OF 91thave. ) On the day of C'(1[3ka , 2013, before me appeared Book 1 Pa 456 • N acNnotnivl 4a aorfl to me personally known, who, being by me duly sworn, did say that he/she isiare the Molar of HORIZONS WEST LAND, LLC Corporation of the State of rn;I,vNuri , and that the seal affixed to the foregoing instrument is the corporate seal of said Corporation, and the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors; and said Q,,N3,n+er acknowledged said instrument to be the free act and deed of said Corporatio?Y IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid the day and year last above written. • _ Aa Not ' ublic My commission expires: II,, MQ('� � LIZABETH R. KNOPF Notary Public -Notary Seal STATE OF MISSOURI Clay County My Commission Expires Mar. 28, 2014 Commission # 10521575 Book 121Z- Page 450 Exhibit A (0 — Right -Of- -Way o Q 666 43RD STREET Jo tb 54673.28'511.93' Ox b. R .530.00' 1— r=500' E 6-117142' Q W e . R -39.00' 1 -10248 ■ 0 250' 500' POINT Of BELYNNMc b o 6-8934 '47 8.470.00' Z4•9 Asaumed, South W %tits) °Wal. Gong the Rfghl -01 jP L.60.97' d- IIW12' if East line Marla SW 114, Sec. 6, T5ON, R33W 1.90.88' t 8.,70.00' S8924'00E 641.31' S e POINT OF CO MRCENENT (PAC.) 44413412' N8924506'W — NW Ca, NE 1/4 Sea 7 -50-33 L'715.42' ,,...��1 SW Cor, SE t/4 See. 6 -50-33 I' 8-530.00' II SW 1/4, See 6 -50-33 Lg30.0.16' b t a m d NOOIO4IE 434.49' ct •:' 24'6T3000' S yra L SE 1/4 , , 70',1'5 24.62' r e, 0 5 -59-33 _ P.O.G _ 60020'26 a' '5 cu R Lite, NW 7/4 MOO' 00 POINT OF REPINING i� See. 7 -50-33 N0020'28 E 289.60' Right— Of—Way j1 69..58874YME 11]74.32• 50070"18'5 .H0.7Y N892415'W ] 4383/' NW 1/4, Sec 7 -50-33 1 NE 1/4, See 7 -50-33 That part of the Southeast and Southwest Quarters of Section 6, and that part of the Northeast and Northwest Quarters of Section 7, all In TowuMip 50 Noah, Range 33 West, in the City of Riverside, Platte County, Missouri, morepartkukdy described as follows: Right -Of- -Way Description 11l Commencing at the Northwest cover of the Northeast Quarter of said Section 7; thence coincident with We North line of said Nathast Quarter, South 892475" East, 30.00 feel to the Point of Beginning; thence, parallel with the West lino of said Northeast Quarter, South 00°20'28' West, 349.77 feet thence, parallel with the North line of Northwest Quaaerofsaid Section 7, North 89'2406" West, 143231 feet thence North 0914'09` East 60.02 feet thence, parallel with the North line of said Northwest Quarter, South 89'24'06° East 137632 feu; dunce, parallel with the East line of said Northwest Quarter, Noah 0920'28' East, 289,60 feet thence, parallel with the Earl inc I of the Southwest Quetta ofsaid Section6, North 00'30'41" East, 434.49 fret; thenceNoaheuterly, along a tangent ono lo the tight said curve hating a radius of530.00 feel and central angle of 1909129, fora distance of 130.15 feet thence continuing Northeasterly, along a tangent cunt to the left, said cunro having a radius of470.00 feel and a central angle of 14'04 fora distance of 115.42 feet to point on the East line ofsaid Southwest Quartet thence coincident with said East line, South 00'10'41` West, 652.64 few thence, departing snid East line, end parallel with the South (bie ofsald Southwest Quarter, South 89 °24'06° East 30.00 feet thence, parallel with the East line ofrald Southwest Quarter, South 00 °10'41' West, 24.82 Ra; thence, parallel with the West line of the Northeast Quarter of raid Section 7, South 0920'28" West 0.18 Let to the Point of Beginning, containing 121,129 square feet or 2.181 acres, moat or less. Right -Of- -Way Deuaption 42 Commencing at the Southwest caner of said Southeast Quarter; thence coincident with the West line of said Southeast Quarter North 0910'41` East 677.86 feet to the Point of Beginning thence, continuing along said West line, North 00 °)0'41' East 720.84 to a point on the Sowhdg$tc6way line of 43rd Street as it now exists; thence, coincident with said South right-of-way line, South 89'24'06" East 68.47 feet thence, departing said South right-of-way line, South 492378" West, 11.93 feet thence, parallel with the West line of said Southeast Quarter, South 00 °1041` West 613.65 Res Ounce Southeasterly, along a tangent rune to the lef said curve laving aradius of39.00 fret and aeendrt angle of 8994'49, for distance of 60.97 feet thence, parallel with the Sauk line ofsald Southeast Quartet South 892406' East, 64131 feet Ounce Northeasterly, along a tangent curve to the left said cure hating aradbu of 470.00 feet anda cenaml angle of ))"04'42 ", fora distance of 90.88 feet; thawe continuing Northeasterly, along a tangent rune to the tight said curve havheg a radius 0(530.00 feel and a central angle *C1904 for a disumee of 102.48 feet thence, parallel with the South line of said Southeast Quarter, South army 3.11 feet to a polo) on the West right-of -way lino of Mauer Road, as It now exisn; thence, coincident with said Wert right -of -way line, South 0932'59` East 78.65 fat thence, deputing sold West right-of-way line and parallel with the South line of said Southeast Quartet North 8924719 West 936.42 Bet to the Point o&Beginning, containing 98,057 square fat x2251 acre; more or Ica 1 hereby certify that this real property description has been prepared by me or under my direct supervision. • .`4. ' o - co • I2Q1AEL 'G9 �_ S9110070ERGEA t 4 1 7 LS- 2000 911 I ; = Michael SrhmldOserger Renaissance Infrastructure y sa2,. • - Missouri LS- 2000143910 insulting (R °' ° �/ � a .` • ' `� 2224 Condole Tert. i.,,`�DLAM , Leawood, KS 66209 11490 Shang Llne Road 1 Linea Kama, 662151 rr r 1 41 I HMO' (913)334 - 8819 (913)317.9500 1 www.oNnfrasuwmrwwm