HomeMy WebLinkAbout1455 Pedestrian and Biking Trail Easement Agreement BILL NO. 2016-014 ORDINANCE NO. /'Y'SS
AN ORDINANCE APPROVING A PEDESTRIAN AND BIKING TRAIL
EASEMENT AGREEMENT
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION 1 — AGREEMENT APPROVED. That the Riverside Board of Aldermen
("Board") hereby approves the Pedestrian and Biking Trail Easement Agreement by and
between i) the City of Riverside, ii) the City of Parkville, Missouri, iii) Platte County,
Missouri, and iv) Magellan Pipeline Terminals, L.P., in substantially the form attached
hereto, and the Mayor is authorized to execute such Agreement.
SECTION 2 — AUTHORITY GRANTED. The Mayor, the City Administrator and
other appropriate City officials are hereby authorized 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,
instruments, agreements and other documents, as may be necessary or convenient to
perform all matters herein authorized.
SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect
from and after its passage and approval.
BE IT REMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board o Aldermen and APPROVED by the Mayor of
the City of Riverside this_�day of cc 2016.
Mayor Kathleen L. Rose
ATTEST:
Robin Kincaid, City Clerk
103
tia
Recorded In PIMte County, Milmurl
Recording Date/Time: 03/09@016 at 11:13:27 AM
Instr Nomber: 2016002791 "I"It'oa"
Book: 1257 Page: 611 •` ' `� '
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Type: DE EMT
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Fee: 1108.00 N
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Grantor. MAGELLAN PIPELINE TERMINALS LP p,010rduBr,
oye
Grantee: PLATTE COUNTY MISSOURI
f 1188416
PLATTE COUNTY MISSOURI CERTIFICATION
RECORDER OF DEEDS \
NON-STANDARD DOCUMENT
The Recorder of beds has added this page to your document
per compliance with State law and you have been charged the fee of$25.00
for a non-standard Document
RSMo 59.310.3 (effective January 1, 2002)
Gloria Boyer
Recorder of Deeds
415 Third St., Suite 70
Platte City, MO 64079
This Page Is Part Of The Document - Do Not Detach
�N7 c G i n niS.f e�SII AV
Bao k 1257 Page Cy 1 1
TITLE OF DOCUMENT: Pedestrian and Biking Trail Easement Agreement
DATE OF DOCUMENT: March 7, 2016
GRANTOR(S): Magellan Pipeline Terminals, L.P.
One Williams Center, Suite 2800
Tulsa,OK 74172
GRANTEE(S): Platte County, Missouri
415 Third Street
Platte City,MO 64079
City of Parkville,Missouri
8880 Clark Ave.
Parkviile,MO 64152
City of Riverside,Missouri
2950 NW Vivion Road
Riverside,MO 64150
LEGAL DESCRIPTION: See page 9
Bork 1257 Page 611
PEDESTRIAN AND BIKING TRAIL EASEMENT AGREEMENT
This Pedestrian and Biking r % asement Agreement (this "Aereement") is made and
entered into this � day of , 2016 between Magellan Pipeline Terminals, L.P., a
Delaware limited partnership ("Grantor"), and Platte County, Missouri, a First Class Missouri
County, Parkville, Missouri, a Fourth Class Missouri City, and Riverside, Missouri, a Fourth
Class Missouri City(collectively and individually, "Grantee').
RECITALS
WHEREAS, Urantor is the owner of that certain real property in Platte County,Missouri,
situated along the Missouri River, south of 9 Highway, in the cities of Parkville and Riverside,
and commonly known as the Magellan Riverside Terminal, 6699 River Park Drive, and legally
described in Exhibit A and the boundary of which is depicted in Exhibits B and C, all attached
hereto and incorporated herein(the "Property").
WHEREAS, the Property is situated between the Missouri Riverfront Trail, a hiking and
biking trail, to the east and walking trails in the 68-acre English Landing and 140 acre Platte
Landing Parks to the west.
WHEREAS, Grantee has adopted, as part of its land use plan, the Northland Trails Vision
Plan, a portion of which includes the off-road levee route parallel to the Missouri River for
pedestrian and bicycle use by the public.
WHEREAS, Grantee desires to obtain from Grantor and Grantor desires to grant to
Grantee a non-exclusive easement over the Property for pedestrian and bicycle access, subject to
the terms and conditions hereinafter set forth in this Agreement.
NOW, THEREFORE, in consideration of the premises, mutual promises and covenants
contained herein and other good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged, Grantor and Grantee agree as follows:
Section 1. Incorporation of Recitals.
The foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. Grant of Easement
Grantor hereby grants to Grantee, its successors and assigns, a perpetual, non-exclusive,
defined, easement as further described herein (the "Easement") over, across and upon the
Property for the purposes of pedestrian and bicycle access, ingress and egress subject to the
terms and conditions hereinafter set forth in this Agreement. The Easement is generally
described as a twenty-foot wide easement with the exception of the easternmost and westernmost
portions of the easement which are wider than 20 feet. Grantor hereby grants to Grantee, its
successors and assigns, a temporary, defined, construction easement as further described herein
(the "Temporary Construction Easement") over, across and upon the Property for the purposes
{180151.11 1
Oro-c,k 1257 Pzxge 611
(the"Temporary Construction Easement")over,across and upon the Property for the purposes
of constructing a pedestrian and bicycle trail and associated retaining walls, fencing,bollards and
other associated improvements (the "Trail") to provide pedestrian and bicycle access, ingress
and egress, subject to the terms and conditions hereinafter set forth in this Agreement. The
specific locations of the Easement, Temporary Construction Easement and conceptual Trail are
depicted over the Property and existing improvements in Exhibit B. attached hereto and
incorporated herein. The specific location of the Easement and Temporary Construction
Easement are also show over the Property without the trail and existing improvements in Exhibit
C attached hereto and incorporated herein. The Easement is legally described in Exhibit D
attached hereto and incorporated herein. The Temporary Construction Easement is legally
described in Exhibit E attached hereto and incorporated herein. The conceptual Trail
improvements are depicted in JIMbit F.
Section 3. Purpose. Sg*g and Use of Easement and Temporary Construction Easement
This Agreement provides Grantee the right to construct, maintain and repair the Trail
over and upon the Easement, subject to the terms and conditions herein. The Easement may be
used by Grantee and its contractors, agents, employees and representatives (collectively referred
to herein as "Grantee's Representatives") solely for purposes relating to the construction,
maintenance and repair of the Trail and such Trail's use by the public for such purposes. All
other uses of the Easement by the Grantee or Grantee's Representatives are prohibited.
Additionally,and without limitation of the foregoing,such Easement shall be subject to Grantor's
existing levees and dikes on the Property("Grantor's Dikes")and no use of any portion of such
dikes for any purpose may be made by Grantee or Grantee's Representatives without the express,
prior written consent of Grantor, following Grantor's review and approval of appropriate
improvement plans and approval of final legal descriptions for the Easement alignment.
This Agreement provides Grantee a Temporary Construction Easement to be used by
Grantee and Grantee's Representatives for the purpose of constructing the Trail and accessing
the same during construction, subject to the terms and conditions herein. This Temporary
Construction Easement shall be effective only for the length of time needed by Grantee or
Grantee's Representatives to perform the original construction and installation of the Trail and
the Temporary Construction Easement shall terminate upon final approval and acceptance of said
facilities by Grantee following completion.
After such completion of the project, Grantee shall restore the surface area of the
Temporary Construction Easement as closely as possible to the pre-construction conditions. Any
disturbed areas shall be graded and seeded with the appropriate ground cover or covered with
gravel as necessary. Grantee shall not replace any trees and/or bushes which are removed from
the Temporary Construction Easement during construction. Except as may otherwise be
approved by the Grantor with the construction drawings, no removal or alteration to man-made
improvements within the Temporary Construction Easement shall occur during construction.
When approved, man-made improvements will be replaced or repaired as nearly as practicable to
their original condition, except as otherwise approved by the Grantor.
2
Book 1 257 Pa.q e: 611
Section 4. Permits and Compliance
Grantee shall not commence construction of the Trail, including any necessary survey
work, until Grantee obtains, at its sole expense, all necessary permits and approvals from all
applicable governmental authorities. While using the Easement or Temporary Construction
Easement for the purposes specified in Section 3, Grantee will comply, and use reasonable
efforts to cause Grantee's Representatives to comply, with all applicable laws, orders and
regulations. Additionally, Grantee shall, at its sole cost and expense: (a) construct, prior to use
of the Easement for pedestrian and bicycle use, and maintain additional retaining walls in the
areas as conceptually depicted on Exhibit F attached hereto and incorporated herein and a fence
on and along the entire length of the Easement (where such fence does not already exist) to
protect the Grantor's terminal facilities and improvements, including the dike and improvements
inside the compound on the Property from being accessed from the Trail by members of the
public (which fence will designated on approved improvement plans and will be constructed so
as to allow Grantor to access the Easement property) (the "Easement Fence") also as
conceptually depicted on Exhibit F, (b)maintain the Easement, Easement Fence, and Trail in a
good and safe condition and free from any public vehicle (including motorcycles, but not
including city and county equipment and vehicles necessary to construct and maintain the
Easement or Trail,or vehicles necessary to provide security or other emergency services)access,
(c) preserve and protect the integrity of the Grantor's Dikes from damage, disturbance or
alteration by Grantee or Grantee's Representatives, unless previously approved by Grantor in
writing; (d) place rock between Grantor's fence and the Trail and maintain such rock free and
clear of weeds or other growth and debris; and (e) maintain (including mowing and removal of
debris) the Easement and that portion of the Properly adjacent to the Easement area outside of
Grantor's fence.
Section 5. Grantor's Use
Grantor reserves the right to use the Property covered by the Easement in any manner
that does not unreasonably interfere with Grantee's use of the Easement. If, in its exercise of
such rights, Grantor damages the Grantee's Trail on the Easement, Grantor shall repair such
damage at Grantor's expense.
Section 6. Costs and Liability
Grantee shall be solely responsible for and shall bear all costs, expenses and liabilities
arising from or with respect to its construction, maintenance, repair and/or use or ownership of
the Easement and the Trail and for its restoration obligations set forth in Section 3 of this
Agreement, including the right to remove existing barge tie-downs located on the Easement,
except and to the extent that such costs, expenses or liabilities are either caused as a direct result
of Grantor's sole action, negligence or willful misconduct or are environmental matters
discovered on the Easement but not caused by the Grantor during the Grantee's construction and
maintenance of the Trail and requiring remediation.
Section 7. Insurance
3
Bo.—nk 1257 Page bil
Grantee shall,at its cost,procure and maintain a policy of public liability insurance. This
policy shall (a) name Grantor and Grantee as insureds and indemnify them against liability for
property damage or personal injury (including death) resulting from entry upon or use of the
Easement area by Grantee or Grantee's Representatives,(b)have a combined single liability limit
in an amount equal to the statutory limit, (c) insure Grantee's performance under the indemnity
provisions of Section S, (d)be stated to be primary and noncontributing with any insurance that
Grantor may carry, and (e) require at least ten (10) days' prior written notice of cancellation or
modification be given to Grantor. Grantee shall also, at its cost, maintain adequate workers'
compensation and employer's liability insurance for any work upon the Easement property.
Before commencing any such work,Grantee shall provide Grantor with current certificates of the
insurance policies to be carried pursuant to this Section 7.
Section 9. Indemnity and Waiver
Grantor shall not be liable for any loss, damage, liability or injury of any kind to any
person or property arising from or caused by (a) any use of the Easement area by Grantee or
Grantee's Representatives, (b) Grantee's failure to comply with the terms of this Agreement, or
(c) any accident, fire or other casualty on the Easement area resulting from any act or omission
of Grantee or Grantee's Representatives. Grantee, for itself and for Grantee's Representatives,
waives all claims against Grantor for any such loss, damage, liability or injury and agrees to
indemnify Grantor from all liability for any such loss, damage, liability or injury and from all
costs and expenses arising therefrom (including, without limitation, attorneys'fees) to the extent
allowed by applicable law.
Grantee shall not be liable for any loss, damage, liability or injury of any kind to any
person or property arising from or caused by any action by Grantor or from any liability for
environmental matters caused by Grantor or accrued prior to the date hereof with respect to that
portion of the Property burdened by the Easement. Grantor, for itself and for Grantor's
contractors, agents, employees and representatives, waives all claims against Grantee for any
such loss, damage, liability or injury and agrees to indemnify Grantee from all liability for any
such loss, damage, liability or injury and from all costs and expenses arising therefrom
(including,without limitation,attorneys'fees)to the extant allowed by applicable law.
Section 9. Termination
(a) Without limitation of the parties' legal rights and remedies, including those under
Section 12 of this Agreement, this Agreement may be terminated by Grantee upon 90 days
written notice to Grantor in the event Grantee determines, in the sole discretion of Grantee, that
the Easement no longer serves a useful purpose to Grantee.
(b) Quitclaim Deed. Upon termination of this Agreement, Grantee shall duly execute,
acknowledge and deliver to Grantor, a quitclaim deed in recordable form conveying to Grantor
all right, title and interest of Grantee in the Easement and the Property.
4
F3oKok 1257 PaLge .611
Section 10. Notices
All notices or demands given or required to be given under this Agreement shall be in
writing and addressed to the parties as provided below, or to any other address as either party
may designate, from time to time, by proper notice under this paragraph. Any notice shall be
deemed to be given when actually received by the intended parry.
Grantor: Magellan Pipeline Terminals,L.P.
One Williams Center, Suite 2800
ATTN: Real Estate
Tulsa,Oklahoma 74172
FAX#: (918)574-7255
Grantee: Platte County
Attn:Parks and Recreation Director
415 Third Street
Platte City,MO 64079
City of Parkville
Attn: City Administrator
8880 Clark Ave
Parkville,MO 64152
City of Riverside
Attn: City Administrator
2950 NW Vivion Road
Riverside,MO 64150
Section 11. Covenants Running with the Land.
This Agreement shall run with the land and shall be binding upon and inure to the benefit
of the parties and their respective successors and/or assigns;provided that the Easement may not
be assigned by Grantee to any private entity.
Section 12. Enforcement
The parties and their respective successors and assigns shall have the right to enforce,by
proceedings in law or in equity, the covenants, terms, restrictions and easement rights imposed
by this Agreement. If any action is instituted to interpret or enforce this Agreement, the losing
party in the action shall pay the attorneys'fees and costs of the prevailing party.
Section 13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
5
Book 1257 Pakge 611
Section 14. Entire Agreement
This Agreement contains the entire agreement of the parties relating to the subject matter
hereof. This Agreement shall become effective in accordance with its terms upon its complete
execution by the parties and its due recordation in the deed records of the Platte County,
Missouri Recorder's Office. This agreement may be modified only by a written and recorded
agreement duly-executed by the parties or their respective successors or assigns.
In Witness Whereof,the parties hereto have signed this agreement as of the date first set
forth above.
GRANTOR: GRANTEE:
Magellan Pipeline Terminals, L.P. Platte Co un +Y
By Magellan Pipeline OP,
,LLC,
,its Oe
eeneraal Partner ".
Name: 4- N N I ,6 '\ Ron Schi;bW r
Title: Platte County esi
• Attested by: 3 Z Q
',7POW
'' Nancy Armstron
Platte County Clerk
GRANTEE: GRANTEE:
City of P ' lle,Missouri Cityof verside,Missouri
NanXette C Johnston Kathleen L. Rose
Palle Mayor Riverside May
Attested by: JU aCrl Attested b .
Melissa McChesney Robin bitfiel� j C all
Parkville Cityr Clerk Riverside City Clerk
���lln irrrri
PLgTTc
:7'
. 1S�'vTY
6
Book 1257 Paage 411
STATE OF OKLAHOMA )
SS
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this
' day of 2016 personally appeared 466AA-W h t t' } , to me
personally known to be the Authorized Signatory for MAGELLAN PIPELINE GP, LLC, a
Delaware limited liability company, who being duly sworn did acknowledge to me that he
executed the foregoing instrument on behalf of said limited liability company as the free and
voluntary act and deed, for the uses,purposes and consideration therein set forth.
1
Witness my hand and official seal.
Public
My Commission Expires: SHARON E. CR FIELD
-----------------------------------
SHARON E. CRUTCHFIELD 1
1 SEAL Notary Public
State Of oldahorm 1
Commfaelon ti 14004701 Expine OOI20l1B 1
STATE OF MISSOURI ) ' -------------- -----
SS
COUNTY OF PLATTE )
B fore me, the dersigned, a Notary Public in and for the count d st aforesaid, on this
_JVday of �, 2016 p onally appeared �,(� T npn to me
personally known to the � for THE CITY OF
PARKVILLE, MISSOURI, a Fourth Class) Missouri City, who being duly sworn did
acknowledge to me that he executed the foregoing instrument on behalf of said City as the free
and voluntary act and deed, for the uses, purposes and consideration therein set forth.
Witness my hand and official seal.
0
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u
My Co 'ssion Expires:
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1180151.1} 7
Bank 1257 Page 611
STATE OF MISSOURI )
SS
COUNTY OF PLATTE )
Be re me, the undersigned a Notary Public in and for thecountyand state aforesaid, on this
`'day of cno' - , 016 personally appeared to me
personally known to be the Kces; for PLATTE COUNTY,
MISSOURI, a First Class Missouri Coun , who being duly sworn did acknowledge to me that
he executed the foregoing instrument on behalf of said County as the free and voluntary act and
deed, for the uses,purposes and consideration therein set forth.
Witness my hand and official seal.
Nat cam_
My Commission Expires:
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STATE OF MYSOUW
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STATE OF MISSOURI )
SS
COUNTY OF PLATTE )
Before me, the undersigned, a Notary Public in and for theunty and state aforesaid, on this
1,4,t— day of �Q uaru 2016 personally appeared �-f&",, 1,. /COS , to me
personally known to b the for THE CITY OF
RIVERSIDE, MISSOURI, a Fourth Clasd Missouri City, who being duly sworn did
acknowledge to me that he executed the foregoing instrument on behalf of said City as the free
and voluntary act and deed, for the uses, purposes and consideration therein set forth.
Witness my hand and official seal.
Notary Public
My Commission Expires:
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Exhibit A
Property—Legal Description
A had of land situated in the NE 'k of Section 1,Township 50,Range 34,and the NW`/.of
Section 6,Township 50, Range 33,in Platte County,Missouri,more particularly described
as follows:
Beginning at the point of intersection of the East line of Section I,and the Southerly
right-of-way line of the C.B. & Q.R.R., said point being S 00 46' 53" W, a distance of
709.45 feet from the Northeast comer of Section 1, thence N 650 24' 06" W, along said
right-of-way line 1155.99 feet thence S 24°35' 54"W,260.73 feet to the Missouri River;
thence following downstream the meandering of said river the following courses and
distances; S 430 34' 40" E, 113.18 feet; S 550 33' 40" E, 100.84 feet; S 460 20' 00" E,
209.80 feet; S 610 46' 00"E, 113.54 feet; S 490 26' 10"E, 79.19 feet; S 450 08' 20"E,
85.36 feet; S 400 44' 20"E, 100.04 feet; S 490 17' 50"E, 100.71 feet; S 400 44' 00"E,
100.06 feet, S 390 46' 50" E, 300.32 feet; S 360 01' 40" E, 184.26 feet S 350 33' 00"E,
181.53 feet,to the West line of Section 6, said point being S 00 46' 53" W, a distance of
1659.54 feet from the Northwest comer of Section 6,thence continuing on the meanderings
of the Missouri River,S 350 33'00"E, 119.76 feet; S 220 14' 50"E,302.93 feet; S 350 55'
40"E,301.50 feet; S 330 56' 30"E, 123.38 feet;thence leaving the Missouri River,N 240
35' 54"E, 1348.73 feet to the Southerly right-of-way line of the C.B.&Q.R.R.; thence N
650 24' 06"W, along said R.R. right-of-way line, 1076.25 feet,to the place of beginning,
together with the accretions to all of said land but subject to any erosion there from said
river;
All subject to easements,covenants reservations and restrictions of record,
Except that part thereof described as follows: Beginning at the Northeast comer of said
Section 1; thence S 00 46' 53"W along the East line of said Section 1, 709.45 feet to the
Southerly right-of-way line of the C.B. &Q.R.R.;thence N 650 24' 06"W along said right-
of-way line 1135.99 feet to the true point of beginning; thence S 240 35' 54"W,269 feet,
more or less,to the Missouri River; thence N 430 34' 40"W,21.5 feet,more or less,to the
most Westerly corner of a tract of land conveyed to Skelly Oil Company by Deed dated July
28, 1965, and recorded in Book 279 at Page 639; thence N 240 35' 54" E along the
Westerly line of said tract conveyed to Skelly Oil Company 260.73 feet to the Southerly
right-of-way line of the C.B.&Q.R.R.;thence S 650 24' 06"E along said right-of-way line
20 feet to the true Point of beginning. Save and except that portion thereof conveyed by
Skelly Oil Company to W.W.Leasing, Inc.by Deed dated March 7, 1967,together with the
accretions to all of said land,but subject to any erosion there from by said Missouri River.
1180151.11 9
Book 1.2S7 Page 611
Exhibit B
Easement—Layout over existing improvements
(see following page)
(130151.1} 10
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®wok 1257 Page 611
Exhibit D
Easement-Legal Description
A tract of land situated in the NE 1/4 of Section 1,Township 50,Range 34 and the NW 1/4
of Section 6,Township 50,Range 33,in Platte County,Missouri,more particularly
described as follows:
Beginning at the point of intersection of the East line of Section 1,and the Southerly
right-of-way line of the BNSF Railway right of way line,said point being South 00046'53"
West,a distance of 714.48 feet(measured)(709.45 feet deed)from the Northeast comer of
Section 1; thence South 65°24'06"East along said Southerly right of way line,a distance of
1076.25 feet;thence South 24035'54"West,a distance of 1067.97 feet to the Point of
Beginning of the tract of land herein described;thence continuing South 24035'54"West,a
distance of 176.36 feet;thence North 65024'06"West,a distance of 80.00 feet;thence North
24°35'54"East,a distance of 105.90 feet;thence North 30000'39"West,a distance of 49.86
feet;thence North 40051'30"West,a distance of 175.81 feet;thence North 59°17'32"West,
a distance of 153.90 feet;thence North 29028103"West,a distance of 290.47 feet;thence
North 34027'39"West,a distance of 124.71 feet;thence North 30056'53"West,a distance
of 174.16 feet;thence North 41007'48"West,a distance of 416.09 feet;thence North
51°10'11"West,a distance of 66.88 feet;thence North 40028'26"West,a distance of
261.21 feet;thence North 55°07'08"West,a distance of 131.89 feet;thence North
48055'07"West,a distance of 173.78 feet;thence North 52029'09"West,a distance of
218.76 feet;thence North 42'48'10"West,a distance of 48.03 feet;thence South 24°35'54"
West,a distance of 42.67 feet to the Missouri River,thence upstream of said Missouri River
North 55007'08"West,a distance of 131.89 feet to the Southeasterly comer of the excepted
tract of land described in Book 1177 at Page 204 in the Office of the Recorder of Deeds for
Platte County,Missouri;thence North 24035'54"East along the Southeasterly line of said
excepted tract,a distance of 268.74 feet(measured)267.73 feet(deed)to a point on said
Southerly right of way line;thence South 65°24'06"East along said Southerly right of way
line,a distance of 55.17 feet;thence leaving said Southerly right of way line,South
23044'24"West,a distance of 61.34 feet;thence South 23044'24"West,a distance of
150.89 feet thence South 22049'09"West,a distance of 34.65 feet;thence South 14026'25"
West a distance of 32.20 feet;thence South 19027'03"East,a distance of 29.38 feet;thence
South 38007128"East a distance of 19.65 feet;thence South 48052'17"East a distance of
19.74 feet;thence South 54002'58"East,a distance of 16.40 feet;thence South 51°15'27"
East,a distance of 97.98 feet;thence South 54'15'47"East,a distance of 89.85 feet;thence
South 48055'07"East,a distance of 173.63 feet;thence South 55007'08"East,a distance of
133.37 feet;thence South 40°28'26"East,a distance of 261.91 feet;thence South 51°10'11"
East,a distance of 66.77 feet;thence South 41007'48"East,a distance of 419.63 feet;thence
South 30056'53"East,a distance of 175.33 feet;thence South 34°27'39"East,a distance of
124.97 feet thence South 29°28'03"East,a distance of 286.01 feet;thence South 59017'32"
East,a distance of 151.82 feet;thence South 40°51'30"East a distance of 180.95 feet;
thence South 30000'39"East,a distance of 37.55 feet;thence North 24°35'54"East,a
distance of 45.92 feet thence South 65024'06"East,a distance of 80.00 feet to the Point of
Beginning.
{180151.1) 12
Bork 1257 P• qg - 611
The above described tract contains 75,801.24 Square Feet or 1.74 Acres,more or less,and is
subject to the accretions of said land and to any erosions of said land from the Missouri
River.
(180151.1) 13
Bc"'k: 1257 Pq e 61 1
Exhibit E
Temporary Construction Easement-Legal Description
A tract of land situated in the NE 1/4 of Section 1,Township 50,Range 34 and the NW 1/4
of Section 6,Township 50,Range 33,in Platte County,Missouri,more particularly
described as follows:
Beginning at the point of intersection of the East line of Section 1,and the Southerly
right-of-way line of the BNSF Railway right of way line,said point being South 00°46'53"
West,a distance of 714.48 feet(measured)(709.45 feet deed)from the Northeast comer of
Section 1;thence South 65°24'06"East along said Southerly right of way line,a distance of
1076.25 feet;thence South 24035'54"West,a distance of 1067.97 feet to the Point of
Beginning of the tract of land herein described;North 65024'06'West,a distance of 80.00
feet;thence North 42010'58"West,a distance of 203.67 feet;thence North 59°17'32"West,
a distance of 176.85 feet thence North 29°40'40"West,a distance of 530.05 feet;thence
North 42011'39"West,a distance of 373.22 feet;thence North 45022'08"West,a distance
of 75.76 feet;thence North 51'05'13"West,a distance of 69.57 feet;thence North
33°37'43"East,a distance of 15.77 feet;thence North 43°08'51"West a distance of 253.16
feet;thence North 49'34'19"West,a distance of 87.69 feet;thence South 49°57'51"West,a
distance of 15.07 feet;thence North 4203615"West,a distance of 57.80 feet;thence North
54002'58"West,a distance of 367.56 feet;thence North 48052'1'P'West a distance of
19.74 feet;thence North 38°07'28"West,a distance of 19.65 feet;thence North 19°27'03"
West,a distance of 29.38 feet;thence North 14026'25"East,a distance of 32.20 feet;thence
North 22049'09"East a distance of 34.65 feet;thence North 23044'24"East,a distance of
150.58 feet to a point on said Southerly right of way line of the BNSF Railway;thence
North 65024'06"West along said Southerly right of way line,a distance of 55.17 feet to the
Northeast comer of the excepted tract of land described in Book 1177 at Page 204 in the
Office of the Recorder of Deeds for Platte County,Missouri;thence South 24035'54"West
along the Southeasterly line of said excepted tract a distance of 268.74 feet to the Missouri
River;thence following downstream the meandering of said river the following courses and
distances;South 43034'39"East,91.64 feet;South 55°33'39"East, 100.85 feet;South
46019'59"East,209.80 feet;South 61045'59"East, 113.54 feet;South 49026'09"East,79.19
feet;South 45008'19"East 85.36 feet,South 40044'19"East 100.04 feet;South 49017'49"
East 100.71 feet;South 40°43'59"East 100.06 feet;South 3904649"East 300.32 feet;South
36001'39"East 184.26 feet;South 35032'59"East 185.41 feet,to the West line of Section 6;
thence continuing on the meanderings of the Missouri River,South 35032'59"East 115.88
feet;South 22014'49"East 302.93 feet;South 35055'39"East 301.50 feet;South 33°56'29"
East 123.38 feet;thence leaving the Missouri River North 24°35'54"East,a distance of
280.76 feet to the Point of Beginning.
The above described tract contains 163,107.44 Square Feet or 3,74 Acres,more or less,less
any part in Permanent Easement and is subject to the accretions of said land and to any
erosions of said land from the Missouri River.
1180151.11 14
8c+ k 1257 Pa.q� 611
Exhibit F
Easement and Temporary Construction Easement—Depictions
(see following page)
;180151.11 15
RCB ERTEN8IC
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