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HomeMy WebLinkAbout1249 Easements to Missouri American Water BILL NO. 2013 -072 ORDINANCE NO. i.791 AN ORDINANCE AUTHORIZING THE GRANTING OF CERTAIN EASEMENTS TO MISSOURI AMERICAN WATER COMPANY IN CONNECTION WITH THE INSTALLATION OF A NEW TWENTY FOUR INCH MAIN WITHIN THE CITY OF RIVERSIDE, MISSOURI WHEREAS, Missouri - American Water Company ( "MAWC ") is currently authorized to provide water within the City of Riverside, Missouri ( "City "), which is a part of MAWC's Parkville /Platte County District (the "District "); and WHEREAS, Section 393.130.1, RSMo., requires MAWC to furnish and provide such service instrumentalities and facilities as shall be safe and adequate and in all respects just and reasonable; and WHEREAS, it is MAWC's duty to serve all persons in accordance with its tariffs within an area in which it has been certificated; and WHEREAS, pursuant to MAWC's Rules and Regulations Governing the Rendering of Water Service, which are on file with the Missouri Public Service Commission as PSC MO No. 9 (the "Tariff'), all of MAWC's main extensions must be installed in easement areas or right -of- ways where MAWC has been granted all appropriate rights for such installation; and WHEREAS, MAWC desires to undertake the installation of a new twenty four inch water main (the "Project ") and will require that the water pipes, hydrants, valves, and appurtenant facilities (collectively, the "Equipment ") that will serve the Project be installed in easement areas as described in Exhibit A, Exhibit B and Exhibit C, each attached hereto and incorporated herein (collectively, the "Easement Areas "); and WHEREAS, the City wishes to authorize the granting of the easements as described in Exhibits A, B and C (collectively, the "Easements "). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. EASEMENTS APPROVED. The granting of Easements to MAWC is hereby approved. The City hereby permits the installation of the Equipment in the Easement Areas, and agrees there will be no charge for any permit fees for the installation of such Equipment. The City agrees not to obstruct or interfere with the Project or with MAWC's continued use or maintenance of the Equipment and the City agrees not to erect any building or structure or to add or remove any fill or ground cover within the Easement Areas without the prior written approval of MAWC. Section 2. AUTHORITY GRANTED. The City hereby authorizes the Mayor of the City to execute and deliver the Easements, consistent with the terms of the Tariff, this Ordinance and Missouri law, and hereby authorizes the Mayor, the City Administrator, the City Attorney, Special Counsel to the City and other appropriate City officials to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, WA 4504199.2 instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. Section 3. EFFECTIVE DATE. This Ordinance LW-19 shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 19th day of September, 2013. xitithi.vogsp.m.L., • Kathleen L. Rose, e yor ATTEST; Robin Lithe, City,Clerk Approved as to form: Spend ane Britt & Browne LLP Speci. Co -Ito the City by Jo- :edna 2 WA 4504199.2 EXHIBIT A See attached. 3 WA 4504199.2 EASEMENT FOR WATER PIPE KNOW ALL MEN BY THESE PRESENTS, on this _ day of , 2013, that the undersigned City of Riverside, a municipal corporation, owner of a tract of land located in the Southeast Quarter and Southwest Quarter of Section 5, Township 50 North, Range 33 West, City of Riverside, Platte County Missouri, having acquired title to said tract of land by deed recorded in Book 1012, Page 542 of the Platte County Records, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Missouri- American Water Company, a Missouri corporation with offices located at 727 Craig Road, St. Louis, Missouri, 63141, the receipt of which is hereby aeknowledged, and for other good and valuable considerations does by these presents grant, sell, convey, and confirm, unto the Missouri- American Water Company, its successors and assigns, the right and easement to lay, repair, replace, and forever maintain its water pipes, hydrants, valves, and appurtenant facilities in an easement on the strip or strips of ground described as shown hachured / / /// on the attached "Easement Plat," marked Exhibit A, which is initialed by the undersigned and made a part hereof, together with the right to use commercially reasonable additional space adjacent to the above described easement as may be required during the period of construction and maintenance, including the ability and right of ingress and egress. The Missouri- American Water Company, its successors and assigns, to have the right to use and control a line or lines of water pipe for the circulation and distribution of water for public or private use through the above described property for all proper purposes connected with the installation, use, maintenance, and replacement of the line of water pipe, and with the attachment thereto of the service lines of its customers. If the water pipe to which the service line connection of the undersigned is abandoned the service line and connection will be relocated to another water pipe as directed by Missouri- American Water Company. The undersigned agrees not to obstruct or interfere with the normal use or maintenance of such pipe line or lines and any connections to the pipe line. The undersigned also agrees not to erect or cause to be erected any building or structure within the easement area and shall not add or remove any fill or ground cover in the easement area without the prior written approval of Missouri- American Water Company. Rev. Date 7/29/2013 The undersigned warrant and will defend the title to said easement during its existence with the Missouri- American Water Company for its use and benefit against all parties whomsoever. This easement is accepted by Missouri- American Water Company with the understanding and on the condition that whenever it shall make any excavations in the above described property the Missouri - American Water Company shall restore the ground as nearly as practicable to its former condition. IT WITNESS WHEREOF, this instrument has been executed on this day of , 2013. CITY OF RIVERSIDE BY Kathy Rose, Mayor ATTEST: Robin Littrell, City Clerk STATE OF MISSOURI ) SS: COUNTY OF PLATTE ) On this day of , 2013, before me appeared Kathy Rose to ore known, who, being by me duly sworn did say that he /she is the Mayor of the City of Riverside, and that the seal affixed to the foregoing instrunent is the corporate seal of said City of Riverside and that said instrument was signed and sealed in behalf of the city of by authority of Ordinance No. passed , 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My commission expires: Notary Public Rev. Date 7/29/2013 Date: July 22, 2013 City / County: Riverside / Platte Section: SE 1/4 of Section 5, Township 50 North, Range 33 West. General Area: South of the BNSF Railroad right -of -way, East of I -635. Specific Purpose: Missouri American Water Easement across a tract of land conveyed to the City of Riverside by the Missouri Warranty Deed recorded as Document No. 22659, Book 1012 at Page 542. An irregular strip of land across a portion of the Southeast Quarter of Section 5, Township 50 North, Range 33 West in the City of Riverside, Platte County, Missouri, said irregular strip of land being across a portion of Tract 11 as described in the Missouri Warranty Deed recorded as Document No. 22659 in Book 1012 at Page 542 in the Office of the Recorder of Deeds for said County and State and the Northerly line of said irregular strip of land being coincident with the Southerly right -of -way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) right -of -way as now established. The irregular strip of land is more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 5; thence North 00 degrees 29 minutes 41 seconds East along the East line of the Southeast Quarter of said Section 5, a distance of 73.97 feet to the Point of Beginning of said irregular strip of land across a portion of the Southeast Quarter of said Section 5 to he herein described; thence continuing North 00 degrees 29 minutes 41 seconds East along the East line of the Southeast Quarter of said Section 5, a distance of 90.73 feet to the South right -of -way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) as now established; thence North 69 degrees 02 minutes 20 seconds West along the South right -of -way line of said Chicago, Burlington and Quincy Railroad (BNSF Railway), a distance of 491.99 feet to a point on the East right -of -way line of U.S. Interstate Highway Route No. 635 as now established; thence Southerly along the East right -of- way line of said U.S. Interstate Highway Route No. 635, along a curve to the left having an initial tangent bearing of South 18 degrees 21 minutes 21 seconds West, a radius of 5,729.58 feet and a central angle of 00 degrees 46 minutes 49 seconds, an arc length of 78.03 feet to a point on the Southerly line of said irregular strip of land to be herein described; thence generally Southerly and Easterly along the Southerly line of said irregular strip of land, the following courses and distances; thence North 86 degrees 05 minutes 15 seconds East, departing from the East right -of -way line of said U.S. Interstate Highway Route No. 635 and not tangent to the last described curve, a distance of 51.02 feet; thence South 77 degrees 36 minutes 26 seconds East, 68.29 feet; thence South 68 degrees 59 minutes 46 seconds East, 245.63 feet; thence South 23 degrees 59 minutes 46 seconds East, 89.84 feet; thence South 68 degrees 59 minutes 46 seconds East, 61.31 feet; thence North 66 degrees 00 minutes 14 seconds East, 35.51 feet; thence South 69 degrees 02 minutes 20 seconds East, 10.27 feet to the Point of Beginning. Containing 31,830 square feet, more or less. P r , r 3 III O to OD J +T to . W N f-• OO S O Y O " * w n Z nv v ^ , � z�o +�' d 'r 1 O Vf i: ] -.. t Q A fat glad , ad .. Fx zit P _r . ' pp p� tp w . t r• w r i . !' i ia . tr. . .. .", (' • i p IT, � r. tD 'i' 0o v.! M , tJ d y£R 5t I x- - i, it kf0 8 E R/M� y t� DIY 63 S fi �'AY } -z, il!IN a to' 5� Lc'' i'l —, i s % o �4 1 / � EL 8E R6-70 -dU 1...6....-.4.7L.----‘: 4 , in .... 11 E3 i f r 1 tn te i it 1 W t a' t LA EXHIBIT B See attached. 4 WA 4504199.2 EASEMENT FOR WATER PIPE KNOW ALL MEN BY THESE PRESENTS, on this day of , 2013, that the undersigned City of Riverside, a municipal corporation, owner of a tract of land in the Southwest Quarter of Section 4 and the Northwest Quarter of Section 9, Township 50 North, Range 33 West, City of Riverside, having acquired title to said tract of land by deed recorded in Book 823, Page 6 of the Platte County Records, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Missouri- American Water Company, a Missouri corporation with offices located at 727 Craig Road, St. Louis, Missouri, 63141, the receipt of which is hereby acknowledged, and for other good and valuable considerations does by these presents grant, sell, convey, and confirm, unto the Missouri - American Water Company, its successors and assigns, the right and easement to lay, repair, replace, and forever maintain its water pipes, hydrants, valves, and appurtenant facilities in an easement on the strip or strips of ground described as shown hachured / / /// on the attached "Easement Plat," marked Exhibit A, which is initialed by the undersigned and made a part hereof, together with the right to use commercially reasonable additional space adjacent to the above described easement as may be required during the period of construction and maintenance, including the ability and right of ingress and egress. The Missouri - American Water Company, its successors and assigns, to have the right to use and control a line or lines of water pipe for the circulation and distribution of water for public or private use through the above described property for all proper purposes connected with the installation, use, maintenance, and replacement of the line of water pipe, and with the attachment thereto of the service Lines of its customers. If the water pipe to which the service line connection of the undersigned is abandoned the service line and connection will be relocated to another water pipe as directed by Missouri - American Water Company. The undersigned agrees not to obstruct or interfere with the normal use or maintenance of such pipe line or lines and any connections to the pipe line. The undersigned also agrees not to erect or cause to be erected any building or structure within the easement area and shall not add or remove any fill or ground cover in the easement area without the prior written approval of Missouri- American Water Company. Rev. Date 7/29/2013 The undersigned warrant and will defend the title to said easement during its existence with the Missouri- American Water Company for its use and benefit against all parties whomsoever. This easement is accepted by Missouri- American Water Company with the understanding and on the condition that whenever it shall make any excavations in the above described property the Missouri- American Water Company shall restore the ground as nearly as practicable to its former condition. IT WITNESS WHEREOF, this instrument has been executed on this day of' , 2013. CITY OF RIVERSIDE BY Kathy Rose, Mayor ATTEST: Robin Littrell, City Clerk STATE OF MISSOURI ) ) SS: COUNTY OF PLAI I On this day of , 2013, before me appeared Kathy Rose to me known, who, being by me duly sworn did say that he /she is the Mayor of the City of Riverside, and that the seal affixed to the foregoing instrument is the corporate seal of said City of Riverside and that said instrument was signed and sealed in behalf of the city of by authority of Ordinance No. passed , 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My commission expires: Notary Public Rev. Date 7/29/2013 Date: July 22, 2013 City / County: Riverside / Platte Section: SW 1/4 of Section 4 & NW 1/4 of Section 9, Township 50 North, Range 33 West. General Area: South of the BNSF Railroad right -of -way, East of I -635 +/ -550 feet. Specific Purpose: Missouri American Water Easement across a tract of land conveyed to the City of Riverside by the Warranty Deed recorded as Document No. 18313, Book 823 at Page A Thirty -Five (35) feet wide strip of land across a portion of the Southwest Quarter of Section 4 and across a portion of the Northwest Quarter of Section 9, all in Township 50 North, Range 33 West in the City of' Riverside, Platte County, Missouri, said Thirty -Five (35) feet wide strip of land being across a portion of the tract of land conveyed to the City of Riverside by the Warranty Deed recorded as Document No. 18313, Book 823 at Page 6 in the Office of the Recorder of Deeds for said County and State and the Northerly line of said Thirty -five (35) feet wide strip of land being coincident with the Southerly right -of -way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) right - of-way as now established. The centerline of said Thirty -Ave (35) feet wide strip of land is more particularly described as follows: Commencing at the Southwest corner of said Section 4; thence North 00 degrees 29 minutes 41 seconds East along the West line of the Southwest Quarter of said Section 4, a distance of 92.65 feet to the Point of Beginning of the centerline of said Thirty -Five (35) feet wide strip of land to be herein described, said point being 17.5 feet South of the South right -of- way line of said Chicago, Burlington and Quincy Railroad (BNSF Railway) right -of -way as measured perpendicular to the South line thereof; thence South 69 degrees 02 minutes 20 seconds East along a line 17.5 feet South of and parallel with the South right -of -way line of said BNSF Railway, a distance of 574.79 feet to the Point of Termination of said Thirty -Five (35) feet wide strip of land. Containing 20,133 square feet, more or less. 0 r •p - il t t me :ig a V t : s irt : 5 ' 11 1 w Ct La:. Z� . W ii r.-. w N r i h • ` n CI I Pe • I i i i 1 9 a ‘ 0 ga it I amp, .0. ui d L SOUTHWEST CORNER at R SECTION 4. MON. R33W FOUND CUT "+" AT TOP. c NORTH SIDE OF VERTICAL c Ls RAILROAD RAIL MONUMENT D00 -52229 1 t Pate or COMMENCING / PEN 36912220 1 I 574.78' l ' lai r � xf t r ., r g; , 1 1k1R8leenom a , • 1 W t A 1 in O 2 1 tr a, EXHIBIT C See attached. 5 WA 4504199.2 EASEMENT FOR WATER PIPE KNOW ALL MEN BY THESE PRESENTS, on this ^ day of , 2013, that the undersigned City of Riverside, a municipal corporation, owner of a tract of land being Tracts A and B of the Riverside Horizons East First Plat, according to the plat thereof recorded in Plat Book 21, Page 10 of the Platte County Missouri Records, located in the Southeast Quarter and Southwest Quarter of Section 5, Township 50 North, Range 33 West, City of Riverside, having acquired title to said tract of land by deed recorded in Book 1103, Page 314 of the Platte County Records, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Missouri- American Water Company, a Missouri corporation with offices located at 727 Craig Road, St. Louis, Missouri, 63141, the receipt of which is hereby acknowledged, and for other good and valuable considerations does by these presents grant, sell, convey, and confirm, unto the Missouri- American Water Company, its successors and assigns, the right and easement to lay, repair, replace, and forever maintain its water pipes, hydrants, valves, and appurtenant facilities in an easement on the strip or strips of ground described as shown hachured / / /// on the attached "Easement Plat," marked Exhibit A, which is initialed by the undersigned and made a part hereof, together with the right to use commercially reasonable additional space adjacent to the above described easement as may be required during the period of construction and maintenance, including the ability and right of ingress and egress. The Missouri- American Water Company, its successors and assigns, to have the right to use and control a line or lines of water pipe for the circulation and distribution of water for public or private use through the above described property for all proper purposes connected with the installation, use, maintenance, and replacement of the line of water pipe, and with the attachment thereto of the service lines of its customers. if the water pipe to which the service line connection of the undersigned is abandoned the service line and connection will be relocated to another water pipe as directed by Missouri- American Water Company. The undersigned agrees not to obstruct or interfere with the normal use or maintenance of such pipe line or lines and any connections to the pipe line. The undersigned also agrees not to erect or cause to be erected any building or structure within the easement area and shall not add or remove any fill or ground cover in the easement area without the prior written approval of Missouri- American Water Company. Rev. Date 7/29/2013 The undersigned warrant and will defend the title to said easement during its existence with the Missouri- American Water Company for its use and benefit against all parties whomsoever. This easement is accepted by Missouri- American Water Company with the understanding and on the condition that whenever it shall make any excavations in the above described property the Missouri - American Water Company shall restore the ground as nearly as practicable to its former condition. IT' WITNESS WHEREOF, this instrument has been executed on this day of , 2013. CITY OF RIVERSIDE BY Kathy Rose, Mayor ATTEST: Robin Littrell, City Clerk STATE OF MISSOURI ) ) SS: COUNTY OF PLATTE ) On this day of' , 2013, before me appeared Kathy Rose to me known, who, being by me duly sworn did say that he /she is the Mayor of the City of Riverside, and that the seal affixed to the foregoing instrument is the corporate seal of said City of Riverside and that said instrument was signed and sealed in behalf of the city of by authority of Ordinance No. passed , 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My commission expires: Notary Public Rev. Date 7/29/2013 Date: July 22, 2013 City / County: Riverside,/ Platte Section: Southeast and Southwest 1/4 of Section 5, Township 50 North, Range 33 West. General Area: South of the BNSF Railroad right -of -way between Horizons Parkway & I -635. Specific Purpose: Wide Missouri American Water Easement across Tracts A and B of the Riverside Horizons East First Plat. A variable width strip of land across a portion of Tracts A and B of the Riverside Horizons East First Plat, a subdivision in Riverside, Platte County, Missouri recorded as instrument No. 2012003467 in the Office of the Recorder of Deeds for said County and State and the Northerly line of said irregular strip of land being coincident with the Southerly right- of-way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) right -of -way as now established. The variable width strip of land is more particularly described as follows: Beginning at the Northwest comer of the aforesaid Tract A, being the intersection of the South right -of -way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) with the East right -of -way line of Horizons Parkway as each railroad and parkway are both now established; thence the following courses and distances along the South right -of -way line of said Chicago, Burlington and Quincy Railroad (BNSF Railway) and the North lines of said Tracts A and B; thence South 65 degrees 23 minutes 19 seconds East, 859.90 feet; thence along a curve to the left tangent to the last described course, a radius of 11,509.22 feet, a central angle of 3 degrees 40 minutes 00 seconds and an arc length of 736.54 feet; thence South 69 degrees 03 minutes 19 seconds East, 2,294.59 feet to the Northeast corner of said Tract B, being also a point on the West right -of -way line of U.S. Interstate Highway Route No. 635; thence South 13 degrees 48 minutes 05 seconds West along the East line of said Tract B and the West right-of- way line of said U.S. Interstate Highway Route No. 635, a distance of 48.44 feet; thence North 69 degrees 24 minutes 40 seconds West departing from said East line of said Tract B and the West right -of -way line of said U.S. Interstate Highway Route No. 635, a distance of 28.11 feet; thence North 80 degrees 03 minutes 53 seconds West, 164.82 feet; thence North 68 degrees 27 minutes 45 seconds West, 42.00 feet; thence North 57 degrees 12 minutes 45 seconds West, 37.28 feet; thence North 68 degrees 27 minutes 45 seconds West, 1401.01 feet; thence North 69 degrees 03 minutes 26 seconds West, 334.55 feet; thence North 67 degrees 44 minutes 00 seconds West, 1181.30 feet; thence North 54 degrees 05 minutes 04 second West, 115.63 feet; thence North 65 degrees 23 minutes 46 seconds West, 652.97 feet to the West line of said Tract A and the East right -of -way line of said Horizons Parkway; thence North 13 degrees 47 minutes 20 seconds East (North 13 degrees 47 minutes 07 seconds East, Plat) along the common line between the West line of said Tract A and the East right -of -way line of said Horizons Parkway, a distance of 40.96 feet to the Point of Beginning. Containing 218,090 square feet or 5.007 acres, more or less. mit •. , o as 4f, t dl ye r Sn 1"- : N r ;- 1 .. M.06,tzByiy. • R rl n Q 2 Flo .. k �LSyl�r g 1 0 , AV p �4 A B $ j A y r —. 0 6 101 0 o - _� / O A- W6 g, 4 r',/ - to' y Ja 0> „ 'y � �Q 'w ; O - e n n Q a Z ^ ry do 0 LO � ,.,O `� cw° 4 ' 2'd 3 8 li � r � , a ? s 107 p ry 'P4 , s W � J" 1 ki 1- ,, ! , _ r ,, . 0 JP.1 i 1 i t o 96�y 1 i W4 , d SNo •31 f j 1I p i 4 s L =t 4 i S Recorded In Platt. County, Missouri Recording Date/Time: 09/27/2013 at 09:15:11 AM Instr Number: 2013015260 , o " ""'��- ,,o o , � oF Book: 1218 Page: 951 ` F Type: DEESMT . •. r ToI Pepe.: S d : • laS Fee: 180.008 , 7 t/ III III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII {� - --_,0,456; '' Grantor: RIVERSIDE MISSOURI CITY OF Gloria Boyer, Grantee: MISSOURI AMERICAN WATER CO Recorder of Deeds Cover Page For Recording Title of Document: Easement for Water Pipe Date of Document: September 19, 2013 Grantor Name & Address: City of Riverside, Missouri 2950 NW Vivian Road Riverside, MO 64150 Grantee Name & Address: Missouri — American Water Company 727 Craig Road St. Louis, MO 63141 Legal Description: Page 3 C�ky off. ;v rSidt- U• Book_ 1 2 1 8 Pag 951 EASEMENT FOR WATER PIPE KNOW ALL MEN BY THESE PRESENTS, on this f Q day of , 2013, that the undersigned City of Riverside, a municipal corporation, owner of a ct of land being Tracts A and B of the Riverside Horizons East First Plat, according to the plat thereof recorded in Plat Book 21, Page 10 of the Platte County Missouri Records, located in the Southeast Quarter and Southwest Quarter of Section 5, Township 50 North, Range 33 West, City of Riverside, having acquired title to said tract of land by deed recorded in Book 1103, Page 314 of the Platte County Records, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Missouri- American Water Company, a Missouri corporation with offices located at 727 Craig Road, St. Louis, Missouri, 63141, the receipt of which is hereby acknowledged, and for other good and valuable considerations does by these presents grant, sell, convey, and confirm, unto the Missouri - American Water Company, its successors and assigns, the right and easement to lay, repair, replace, and forever maintain its water pipes, hydrants, valves, and appurtenant facilities in an easement on the strip or strips of ground described as shown hachured ///1/ on the attached "Easement Plat," marked Exhibit A, which is initialed by the undersigned and made a part hereof, together with the right to use commercially reasonable additional space adjacent to the above described easement as may be required during the period of construction and maintenance, including the ability and right of ingress and egress. The Missouri- American Water Company, its successors and assigns, to have the right to use and control a line or lines of water pipe for the circulation and distribution of water for public or private use through the above described property for all proper purposes connected with the installation, use, maintenance, and replacement of the line of water pipe, and with the attachment thereto of the service lines of its customers. If the water pipe to which the service line connection of the undersigned is abandoned the service line and connection will be relocated to another water pipe as directed by Missouri- American Water Company. The undersigned agrees not to obstruct or interfere with the normal use or mainteramce of such pipe line or lines and any connections to the pipe line. The undersigned also agrees not to erect or cause to be erected any building or structure within the easement area and shall not add or remove any fill or ground cover in the easement area without the prior written approval of Missouri - American Water Company. Rev. Date 7/29/2013 Book_ 1218 Pag 951 The undersigned warrant and will defend the title to said easement during its existence with the Missouri- American Water Company for its use and benefit against all parties whomsoever. This easement is accepted by Missouri- American Water Company with the understanding and on the condition that whenever it shall make any excavations in the above described property the Missouri - American Water Company shall restore the ground as nearly as practicable to its former condition. IT WITNESS WHEREOF, this instrument has been executed on this / — day of iogi , 2013. CITY OF RIVERSIDE BY £6.LQJ ky Ro , Mayor ATTEST: �• Robirj Z' ittreil, ity Clerk STATE OF MISSOURI ) ) SS: COUNTY OF PLA1 1 E On this / 9 us day of S p �'1\ t Jec./L , 2013, before me appeared Kathy Rose to me known, who, being by me duly sworn did say that he /she is the Mayor of the City of Riverside, and that the seal affixed to the foregoing instrument is the corporate seal of said City of Riverside and that said instrument was signed and sealed in behalf of the city of V) v erli , J n . by authority of Ordinance No. /4 hi passed &t /9 , 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. // My commission expires: a.tci4 $ ao/C ROSIN 1.. UTTREU Notary Public-NoWy SMI 1 Stab of MbNw1, am Casty Notary Pubhc� COMMISNIM 1 11300131 ry i s w !COMMON__ 6an$_SNr L 2013 Rev. Date 7/29/2013 Book 1218 P 951 Date: July 22, 2013 City / County: Riverside 1 Platte Section: Southeast and Southwest 1/4 of Section 5, Township 50 North, Range 33 West. General Area: South of the BNSF Railroad right -of -way between Horizons Parkway & I -635. Specific Purpose: Wide Missouri American Water Easement across Tracts A and B of the Riverside Horizons East First Plat. A variable width strip of' land across a portion of Tracts A and B of the Riverside Horizons East First Plat, a subdivision in Riverside, Platte County, Missouri recorded as instrument No. 2012003467 in the Office of the Recorder of Deeds for said County and State and the Northerly line of said irregular strip of land being coincident with the Southerly right -of -way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) right -of -way as now established. The variable width strip of land is more particularly described as follows: Beginning at the Northwest comer of the aforesaid Tract A, being the intersection of the South right -of -way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) with the East right -of -way line of Horizons Parkway as each railroad and parkway are both now established; thence the following courses and distances along the South right -of -way line of said Chicago, Burlington and Quincy Railroad (BNSF Railway) and the North lines of said Tracts A and B; thence South 65 degrees 23 minutes 19 seconds East, 859.90 feet; thence along a curve to the left tangent to the last described course, a radius of 11,509.22 feet, a central angle of 3 degrees 40 minutes 00 seconds and an are length of 736.54 feet; thence South 69 degrees 03 minutes 19 seconds East, 2,294.59 feet to the Northeast corner of said Tract B, being also a point on the West right -of -way line of U.S. Interstate Highway Route No. 635; thence South 13 degrees 48 minutes 05 seconds West along the East line of said Tract B and the West right -of- way line of said U.S. Interstate Highway Route No. 635, a distance of 48.44 feet; thence North 69 degrees 24 minutes 40 seconds West departing from said East line of said Tract B and the West right -of -way line of said U.S. Interstate Highway Route No. 635, a distance of 28.11 feet; thence North 80 degrees 03 minutes 53 seconds West, 164.82 feet; thence North 68 degrees 27 minutes 45 seconds West, 42.00 feet; thence North 57 degrees 12 minutes 45 seconds West, 37.28 feet; thence North 68 degrees 27 minutes 45 seconds West, 1401.01 feet; thence North 69 degrees 03 minutes 26 seconds West, 334.55 feet; thence North 67 degrees 44 minutes 00 seconds West, 1181.30 feet; thence North 54 degrees 05 minutes 04 second West, 115.63 feet; thence North 65 degrees 23 minutes 46 seconds West, 652.97 feet to the West line of said Tract A and the East right -of -way line of said Horizons Parkway; thence North 13 degrees 47 minutes 20 seconds East (North 13 degrees 47 minutes 07 seconds East, Plat) along the common line between the West line of said Tract A and the East right -of -way line of said Horizons Parkway, a distance of 40.96 feet to the Point of Beginning. Containing 218,090 square feet or 5.007 acres, more or less. 1 EXHIBIT /4\ --- i P ahjey- ^'' Ittk4 5 ) „,, a op • • TIMOTHY L. 'I, • •Ir Q:li c14- PLATTE VALLEY SC- ' : Jah A N NS . • z- *IC INDUSTRIAL PARK , . 4 , s , ra, 11 Pi - . , 0 io BER : • , t r i, * so ,- I to, LS- 2133 1,a, a i., r i Nou e :‘• ,,,,,,.* Co CO 1 1 I SIR' 4 1.Le y • . d ........ - 'it ' • , ... 1. . - - Le i, v , , cj ..>,3„, A w , 1..„ ! Q S I . v Ife 1,...,, 4 0pa„,._ I NV / mt. • / E P oiro f i tor 7 i rst g elii. J ” ....111 4 .je ° 4 1 .,, i 1 I 744/10/3 \ I Ifr e, 7 414143/4),1°42/. / i r (1/ I I. ( A., 7 ,„, 43/4, 44pater • ; I i 1... ' 0 i i --f An tor , I tor 1 i a - 4, it f , 4 b ,„ ' 4j uNGi- i , Elit ite . , r .... a . lit -917 e DE- , . °C s 1 PM, riOeiz , • 4I Q St M PAISI ' * 1 ?/11, - s 034 67 1 / 0040 . et...* ° --, Arcot TRACT ES i i tiltis, ■ ( p +I.' `0 frft,t _ to i -curb. 0 0 250 500 6 • A ' I I dle' o ib 1% 3 ' . AY 7 PI-!!Sii;1 ate SP . ' 1P F IRACI A N 4 gY 8 j ....P . 411-•t e t• - \ PS v: IN I'll tsk _ N -*•;.- o •4 - \i, • • i r I 1$rgi r ellAFER, JULE & WARREN, INC , 11250 CORPORAIE AIME, LEICA, KMISAS 88219 I PHONE: 913-888-7800 FAX: 913-086-7888 0 0 0 Z Z T http://www.kwa-inc.00rn ..• o S., 0,1 ' I r PRCUELT NO. 130353-010 1 DEE JULY 22, 2013 1 BY Me AL I.: ‘7.50353-010LCad‘Survey‘1.50555-010 Tract A-8 Easement Afocalkutlendwg ti f ..,0 al 1- tc • Recorded In Platte County, Missouri Recording Date/Time: 09/27/2013 at 09:15:11 AM In :tr Number: 2013015261 ,, - Book: 1218 Page: 952 ,,•. .. tz Type; DE EMT a' r i O m Popes: •i B : ' e. 1111111111111111111111110111 l eied ; ii ; ; b °o u Nrv . Grantor: RIVERSIDE MISSOURI CITY OF Gloria Boyer, Grantee: MISSOURI AMERICAN WATER CO Recorder of Deeds Cover Page For Recording Title of Document: Easement for Water Pipe Date of Document: September 19, 2013 Grantor Name & Address: City of Riverside, Missouri 2950 NW Vivion Road Riverside, MO 64150 Grantee Name & Address: Missouri — American Water Company 727 Craig Road St. Louis, MO 63141 Legal Description: Page 3 10 0; 1wrSi 1,.../.7). Book 1218 P.3.43e 952 s EASEMENT FOR WATER PIPE KNOW ALL MEN BY THESE PRESENTS, on this 1 day of�y , 2013, that the undersigned City of Riverside, a municipal corporation, owner of a act of land in the Southwest Quarter of Section 4 and the Northwest Quarter of Section 9, Township 50 North, Range 33 West, City of Riverside, having acquired title to said tract of land by deed recorded in Book 823, Page 6 of the Platte County Records, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Missouri- American Water Company, a Missouri corporation with offices located at 727 Craig Road, St. Louis, Missouri, 63141, the receipt of which is hereby acknowledged, and for other good and valuable considerations does by these presents grant, sell, convey, and confirm, unto the Missouri- American Water Company, its successors and assigns, the right and easement to lay, repair, replace, and forever maintain its water pipes, hydrants, valves, and appurtenant facilities in an easement on the strip or strips of ground described as shown hachured ///N on the attached "Easement Plat," marked Exhibit A, which is initialed by the undersigned and made a part hereof, together with the right to use commercially reasonable additional space adjacent to the above described easement as may be required during the period of construction and maintenance, including the ability and right of ingress and egress. The Missouri - American Water Company, its successors and assigns, to have the right to use and control a line or lines of water pipe for the circulation and distribution of water for public or private use through the above described property for all proper purposes connected with the installation, use, maintenance, and replacement of the line of water pipe, and with the attachment thereto of the service lines of its customers. If the water pipe to which the service line connection of the undersigned is abandoned the service line and connection will be relocated to another water pipe as directed by Missouri - American Water Company. The undersigned agrees not to obstruct or interfere with the normal use or maintenance of such pipe line or lines and any connections to the pipe line. The undersigned also agrees not to erect or cause to be erected any building or structure within the easement area and shall not add or remove any fill or ground cover in the easement area without the prior written approval of Missouri - American Water Company. Rev. Date 7/29/2013 leke Book 1210 Pag 952 The undersigned warrant and will defend the title to said easement during its existence with the Missouri- American Water Company for its use and benefit against all parties whomsoever. This easement is accepted by Missouri- American Water Company with the understanding and on the condition that whenever it shall make any excavations in the above described property the Missouri- American Water Company shall restore the ground as nearly as practicable to its former condition. IT WITNESS WHEREOF, this instrument has been executed on this /7 — day of - o .mtiv 1 - , 2013. CITY OF RIVERSIDE BY b i ' l .( _ ) o , east_ ATTEST: i Robin Littrell, ity Clerk STATE OF MISSOURI ) ) SS: COUNTY OF PLATTE )) On this /cj day of S.40ta..f , 2013, before me appeared Kathy Rose to me known, who, being by me duly sworn did say that he /she is the Mayor of the City of Riverside, and that the seal affixed to the foregoing instilment is the corporate s$ of said City of Riverside and that said instrument was signed and sealed in behalf of the city of v ors'. rip by authority of Ordinance No. lag passed &.P'tassAeL I9 le , 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My commission expires; r� S m �/S 1 ROBIN L. LITTRELL ► i I Notary Pubhe•NNNy $sN ■ .. IS • • . . -.• -/ State Missouri. CM" County I Notary Pub is Commission • 11110B31 My Commission Ei$iM MN 0.4016 0, Rev. Date 7 /29/2013 2 Sltee Beek 1218 Page 952 Date: July 22, 2013 City / County: Riverside / Platte Section: SW 1/4 of Section 4 & NW 1/4 of Section 9, Township 50 North, Range 33 West. General Area: South of the BNSF Railroad right -of -way, East of I-635 +/ -550 feet, Specific Purpose: Missouri American Water Easement across a tract of land conveyed to the City of Riverside by the Warranty Deed recorded as Document No. 18313, Book 823 at Page A Thirty -Five (35) feet wide strip of land across a portion of the Southwest Quarter of Section 4 and across a portion of the Northwest Quarter of Section 9, all in Township 50 North, Range 33 West in the City of Riverside, Platte County, Missouri, said Thirty -Five (35) feet wide strip of land being across a portion of the tract of land conveyed to the City of Riverside by the Warranty Deed recorded as Document No. 18313, Book 823 at Page 6 in the Office of the Recorder of Deeds for said County and State and the Northerly line of said Thirty -five (35) feet wide strip of land being coincident with the Southerly right -of -way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) right - of-way as now established. The centerline of said Thirty -Five (35) feet wide strip of land is more particularly described as follows: Commencing at the Southwest corner of said Section 4; thence North 00 degrees 29 minutes 41 seconds East along the West line of the Southwest Quarter of said Section 4, a distance of 92.65 feet to the Point of Beginning of the centerline of said Thirty -Five (35) feet wide strip of land to be herein described, said point being 17.5 feet South of the South right -of- way line of said Chicago, Burlington and Quincy Railroad (BNSF Railway) right -of -way as measured perpendicular to the South line thereof; thence South 69 degrees 02 minutes 20 seconds East along a line 17.5 feet South of and parallel with the South right -of -way line of said BNSF Railway, a distance of 574.79 feet to the Point of Termination of said Thirty -Five (35) feet wide strip of land. Containing 20,133 square feet, more or less. R 3 T C N il _,, ,, EXHIrr A C0 � % , T!MOTHY L x , r . •. ' N f JQHAhIN S CH • ' • : .JER RURI k� �N 5 :i fr LS -2 .Y OAr WI 1'4, '% s fr ' t '' • SW 4 ` � E .g(.g_tR_;0 SJ OF qurN� `� .. RR R m 7/24/21 "L` --',`� ,, � v 1\ CE31 '.41.- Ot . t !i FCC � kis 3F. 11a, 8ga2a � 1% E 1.11 141 Ai lis, zz 0 250 500 ' MIS WA1�R1NfYD;ED DOC. 142 18373 �,r, q 8K 823 PC B 4 y. - " N', KLINE & TARRE'N, INC. 11280 CORPORATE ae MCA, KANSAS 88219 ' e.i CORPORATE ' ep not 011- am -YMDO FA* 913 -sn6 -7818 ill, r herfirww.okr- Inc.com PROJECT N0. 130353-010 1 OAR JULY 22, 4013 f IN a 1 1. b3 D\aod\Say11303s3 -D1D ply �r Aa nae taS1).e,g 3 S' Recorded in Platte County, Missouri Recording Date/Time: 0912712013 at 09:15:11 AM Instr Number: 2013015282 'o Book: 1218 Page: 953 .� '�� ° ' ° •F�; = Type: DE EMT r Q e ▪ m Paper , 5 e ' 3 Fee: i88.00 8 K i+puNri, 0%, , • III 1111111 UIIIIIIIIIIIIIIIIIIII II0111111111111111 Grantor: RIVERSIDE MISSOURI CITY OF Gloria Boyer, Grantee: MISSOURI AMERICAN WATER CO Recorder of Deeds Cover Page For Recording Title of Document: Easement for Water Pipe Date of Document: September 19, 2013 Grantor Name & Address: City of Riverside, Missouri 2950 NW Vivion Road Riverside, MO 64150 Grantee Name & Address: Missouri — American Water Company 727 Craig Road St. Louis, MO 63141 Legal Description: Page 3 4 , i,ky 04 r rsidt W• ] 0 . I(• Book 1218 Pave 953 EASEMENT FOR WATER PIPE KNOW ALL MEN BY THESE PRESENTS, on I of Siyie' L , 2013, that the undersigned City of Riverside, a municipal corporation, owner of a tract of land located in the Southeast Quarter and Southwest Quarter of Section 5, Township 50 North, Range 33 West, City of Riverside, Platte County Missouri, having acquired title to said tract of land by deed recorded in Book 1012, Page 542 of the Platte County Records, for and in consideration of the sum of One Dollar (51.00) to it in hand paid by the Missouri- American Water Company, a Missouri corporation with offices located at 727 Craig Road, St. Louis, Missouri, 63141, the receipt of which is hereby acknowledged, and for other good and valuable considerations does by these presents grant, sell, convey, and confirm, unto the Missouri- American Water Company, its successors and assigns, the right and easement to lay, repair, replace, and forever maintain its water pipes, hydrants, valves, and appurtenant facilities in an easement on the strip or strips of ground described as shown hachured / / /// on the attached "Easement Plat," marked Exhibit A, which is initialed by the undersigned and made a part hereof, together with the right to use commercially reasonable additional space adjacent to the above described easement as may be required during the period of construction and maintenance, including the ability and right of ingress and egress. The Missouri- American Water Company, its successors and assigns, to have the right to use and control a line or lines of water pipe for the circulation and distribution of water for public or private use through the above described property for all proper purposes connected with the installation, use, maintenance, and replacement of the line of water pipe, and with the attachment thereto of the service lines of its customers. If the water pipe to which the service line connection of the undersigned is abandoned the service line and connection will be relocated to another water pipe as directed by Missouri- American Water Company. The undersigned agrees not to obstruct or interfere with the normal use or maintenance of such pipe line or lines and any connections to the pipe line. The undersigned also agrees not to erect or cause to be erected any building or structure within the easement area and shall not add or remove any fill or ground cover in the easement area without the prior written approval of Missouri- American Water Company. Rev. Date 7/29/2013 Q _ _ Book_ 1218 Page 5'53 The undersigned warrant and will defend the title to said easement during its existence with the Missouri- American Water Company for its use and benefit against all parties whomsoever. This easement is accepted by Missouri - American Water Company with the understanding and on the condition that whenever it shall make any excavations in the above described property the Missouri - American Water Company shall restore the ground as nearly as practicable to its former condition. n iii IT WITNESS WHEREOF, this instrument has been executed on this /9 day of 7 54 - .124.„4,o� ,2013. CITY OF RIVERSIDE BY t�i9,Q.C_. Kathy Rose Mayor A 1 FEST: rs / - , i/ Robin Littrell, ° ity Clerk STATE OF MISSOURI ) ) SS: COUNTY OF PLATTE ) On this / 9 i day of a, 2013, before me appeared Kathy Rose to me known, who, being by me duly sworn did say that he /she is the Mayor of the City of Riverside, and that the seal affixed to the foregoing instrument is the corporate seal of said City of Riverside and that said instrument was signed and sealed in behalf of the city of +Sni vers at, by authority of Ordinance No. i9$/ 9 passed co y1+m., I / 9 , 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My commission expires: ? ,.).17 /.S 1 f ROBIN L. LITTRELL I AF / , Notary Public-Notary Soul I e I • f�� 44M, .�/ Stott of Missouri, Cloy County • Notary Public Commboton • 11790631 1 My ConMNpiM MM S, 20th Rev. Date 7/29/2013 SZet.%2a Bock: 1218 Pa❑e 9,53 Date: July 22, 2013 City / County: Riverside / Platte Section: SE 1/4 of Section 5, Township 50 North, Range 33 West. General Area: South of the BNSF Railroad right -of -way, East of I -635. Specific Purpose: Missouri American Water Easement across a tract of land conveyed to the City of Riverside by the Missouri Warranty Deed recorded as Document No. 22659, Book 1012 at Page 542. An irregular strip of land across a portion of the Southeast Quarter of Section 5, Township 50 North, Range 33 West in the City of Riverside, Platte County, Missouri, said irregular strip of land being across a portion of Tract 11 as described in the Missouri Warranty Deed recorded as Document No. 22659 in Book 1012 at Page 542 in the Office of the Recorder of Deeds for said County and State and the Northerly line of said irregular strip of land being coincident with the Southerly right -of -way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) right -of -way as now established. The irregular strip of land is more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 5; thence North 00 degrees 29 minutes 41 seconds East along the East line of the Southeast Quarter of said Section 5, a distance of 73.97 feet to the Point of Beginning of said irregular strip of land across a portion of the Southeast Quarter of said Section 5 to he herein described; thence continuing North 00 degrees 29 minutes 41 seconds East along the East line of the Southeast Quarter of said Section 5, a distance of 90.73 feet to the South right -of -way line of the Chicago, Burlington and Quincy Railroad (BNSF Railway) as now established; thence North 69 degrees 02 minutes 20 seconds West along the South right -of -way line of said Chicago, Burlington and Quincy Railroad (BNSF Railway), a distance of 491.99 feet to a point on the Fast right -of -way line of' U.S. Interstate Highway Route No. 635 as now established; thence Southerly along the East right -of- way line of said U.S. Interstate Highway Route No. 635, along a curve to the left having an initial tangent bearing of South 18 degrees 21 minutes 21 seconds West, a radius of 5,729.58 feet and a central angle of 00 degrees 46 minutes 49 seconds, an arc length of 78.03 feet to a point on the Southerly line of said irregular strip of land to be herein described; thence generally Southerly and Easterly along the Southerly line of said irregular strip of land, the following courses and distances; thence North 86 degrees 05 minutes 15 seconds East, departing from the East right -of -way line of said U.S. interstate Highway Route No. 635 and not tangent to the last described curve, a distance of 51.02 feet; thence South 77 degrees 36 minutes 26 seconds East, 68.29 feet; thence South 68 degrees 59 minutes 46 seconds East, 245.63 feet; thence South 23 degrees 59 minutes 46 seconds East, 89.84 feet; thence South 68 degrees 59 minutes 46 seconds East, 61.31 feet; thence North 66 degrees 00 minutes 14 seconds East, 35.51 feet; thence South 69 degrees 02 minutes 20 seconds East, 10.27 feet to the Point of Beginning. Containing 31,830 square feet, more or less. %tge3 d PO WI 44.17"3 Cr% I/ Cr' EXHIBIT P\ it f 1 1 NO29 41"E 73.97' CL IT ;5•3\N . 2 1 NO°29 41"E 9073' I '. .6:;• 4, CO 3 N69°02 20"W 49199 .. to N 50"6199 ". .. SC.. 08 1-1 ITB=518°21.21"W 1.) 4., ( ° PS 14 4 A = 0°46'49" 7&03' CT. 44;:, ett, z>,.. atifridis 4 R=5729.681 et Lk/ . . i NV .I4 5 1186°0515"E 51.02' ..... a U 4. Cs 0 0 6 97796 1 26"E 68.29' /.," a 47414k t CCI 7 568°59'46"E 245.63' «"ly 8 523°59'46"E 89 84' Nstte 9 568°59'46"E 61.31' 4) In a 0 4.4 4.1p,4 19 IV TRACT II El L 10 1966°001.4"E 35 51' I C MO. IIMOWTY DEED IOU 1 11 I 569'02'20"E 10.27' 0001 221:19 1 01(101Z n542 ri V -V"' EL SECS I \ 11100111.111.1" 10 Eil 107111 To ....(4, -- 7 PONT OF COMWOCJINI '..0 • s . SE COR SE 1/4 a SEC 5 2 -1 “0"I'HY L. i 1$ "frkt4 •:, NS :: . 4 4;2• 0 L • ' t .F3-50‘‘I-13* 50 ,,, , 33* . 2 1.{".‘ V 1 0 100 200 , --. ,- • • - .. • c......- tA* ' 1 / MINIM '4 - °.• • • - ' r.2.' s NA* • "rfr goid Ian , laiNE & WARREN, INC. 11230 CORPORAL waar. teem laws ram I .__ , 1-- r V4 PHONE 913-5 70 FAX: 913-668-7868 k http://wnskw-he.corn PRCUECT NO. 130353-010 J DATE MY 22. 2013 I BY JOB b ‘1.10353-010‘...CadWirraykI50353-010 aly of Riterskle (NESadwg 1