HomeMy WebLinkAbout2007-006 IDA Resolution Harry & Lucille Edwards Property for Easements RESOLUTION 2007-006
A RESOLUTION AUTHORIZING THE TRANSFER TO HARRY C. AND
LUCILLE C. EDWARDS OF CERTAIN PROPERTY PURSUANT TO A SPECIAL
WARRANTY DEED IN EXCHANGE FOR INFRASTRUCTURE EASEMENTS
AND RIGHTS-OF-WAY GRANTED BY THE EDWARDS TO THE CITY AND
AUTHORIZING OTHER DOCUMENTS AND ACTIONS RELATED THERETO.
WHEREAS, The Industrial Development Authority of the City of Riverside,
Missouri (the "IDA") issued its Industrial Development Revenue Bonds (Riverside
Horizons Infrastructure Project— City of Riverside, Missouri), Series 2007 in the principal
amount of$40,265,000 (the"Bonds").
WHEREAS, the City, the IDA, and UMB Bank, N.A., as Trustee (the "Trustee")
entered into that certain Financing and Cooperation Agreement dated as of May 1, 2007
relating to the Bonds (the"Financing Agreement").
WHEREAS, the City, pursuant to the Financing Agreement, transferred the
Mortgaged Property (as defined in the Financing Agreement)to the IDA which Mortgaged
Property secures the payment of the Bonds.
WHEREAS, to secure the Bonds, The Industrial Development Authority of the
City, Norman E. Fretwell, as Mortgage Trustee, and UMB Bank, NA, entered into that
certain Deed of Trust And Security Agreement dated as of May I, 2007 (the "Deed of
Trust").
WHEREAS, the Financing Agreement requires that the IDA, upon request of the
City, grant to the City or other utility, without charge or cost, such easements and rights-
of-way as are necessary or desirable for road and street improvements, sidewalks, drainage
improvements, sanitary improvements, and other utility improvements ("Infrastructure
Easements and Rights-of-Way")
WHEREAS, the Financing Agreement also requires that portions of the Mortgaged
Property needed for Rights-of-Way be released from the lien of the Deed of Trust.
WHEREAS, it was determined that the City needed to acquire certain Infrastructure
Easements and Rights-of-Way from Harry C. and Lucille C. Edwards (the "Edwards").
WHEREAS, the City entered into an agreement with the Edwards whereby the
Edwards granted the City Infrastructure Easements and Rights-of-Way (specifically a
right-of-way and temporary construction easement) in exchange for $2,136.00 and fee
simple conveyance to the Edwards of the property described in Exhibit A attached hereto
(the "Swap Property").
WHEREAS,the Swap Property is a part of the Mortgaged Property.
WHEREAS, the Edwards have granted said right-of-way and temporary
construction easement to the City as needed for Infrastructure Easements and Rights-of-
Way.
WHEREAS, the City has paid the $2,136.00 to the Edwards and the IDA needs to
transfer the Swap Property to the Edwards pursuant to the Special Warranty Deed
described in this Resolution and attached as Exhibit B.
NOW, THEREFORE, be it resolved by the Board of Directors of The Industrial
Development Authority of the City of Riverside, Missouri,as follows:
Section 1. The transfer of the Swap Property to the Edwards in approved and the IDA
shall enter into and execute the Special Warranty Deed attached hereto as Exhibit B in
favor of the Edwards.
Section 2. The Authority hereby requests and directs that the Trustee cause the release
of the Swap Property from the lien of the Deed of Trust.
Section 3. The President and the Vice-President of the Authority are hereby authorized
and directed to execute the Special Warranty Deed, in substantially the form attached as
Exhibit B with such changes as are approved by the officer executing such Deed, such
execution being conclusive proof of such approval, for and on behalf of and as the act and
deed of the Authority. The Secretary or the Assistant Secretary of the Authority are hereby
authorized and directed to attest to the Special Warranty Deed.
Section 4. The Authority shall, and the officers,agents, and employees of the
Authority are hereby authorized and directed to,take such further action and execute and
deliver such documents and instruments as may be necessary or desirable to carry out and
comply with the intent of this Resolution.
Section 5. The Resolution shall be in full force and effect from and after the later of its
passage and approval or the date the City of Riverside, Missouri adopts an Ordinance
directing the IDA to transfer the Swap Property.
Passed this`day of August,2007
Wayne Snyder, President
ATTEST:
Jane Henry, Secretary
Date of Ordinance: September 2007
Exhibit A
Ordinance No. 2007-07
gs �n}1yofrusspo�u ss 001014
1 CERTff�Y INSTRUHt�NT R�CENED
2007 AN 19 P 2133.11
E�i � V
►7.2T
Title of Document: Ordinance No. 2007-07
Date of Document: January 16,2007
Grantor: Hairy C. and Lucille Edwards
Grantee: The City of Riverside
Address: 2950 NW Vivion Road,Riverside,Missouri 64150
Legal Description: Exhibit A—Property Acquired;Exhibit B—Property Conveyed
Bill No.2007-07 Ordinance No.2007-07
AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE,MISSOURI, W
TO ACQUIRE CERTAIN LAND AND IMPROVEMENTS AND ALL ASSOCIATED
APPURTENANCES FROM HARRY C.AND LUCILLE C.EDWARDS,AND CONVEY
CERTAIN LAND AND IMPROVEMENTS AND ALL ASSOCIATE APPURTENANCES TO O
HARRY C.AND LUCILLE C.EDWARDS,FOR HORIZONS PARKWAY PUBLIC D
IMPROVEMENT PROJECT
WHEREAS, the City of Riverside (the "City) is authorized by Missouri statute to acquire,
through purohwe, eminent domaiq or other methods, private property for public use for the purpose of LO
improving a public road,and the City is further authorized to sell or otherwise transfer property owed by
the City;
WHEREAS, the City desires to so acquire the Right-of-Way and Temporary Construction
Easements described in Exhibit A (the "Property"), across the property commonly]mown as Parcel ID
#23-3.0-07-000-000-006.000,for the purpose of tusking improvements to a public road;and
WHEREAS,the City made a good-faith offer to acquire the Property;and
WHEREAS,the owner of record of the Property accepted the City's good-faith offer;and
WHEREAS,the City desires to acquire the Property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE,MISSOURI,AS FOLLOWS:
Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to
accomplish and serve the public purpose of improving a public road by obtaining the Property, which
Property is thereby to be put to a vital and necessary public use and purpose.
Section The City made a final offer to acouire the Pronerty by nevntiatinn in thn Am Imt „f
Section 3. The owners of the Property have accepted the City's final good-faith offer to
acquire the Property.
Section 4. The acquisition of the Property is authorized and approved pursuant to the
authority vested in the City ,by and under the Constitutions, laws, ordinances, rules and
regulations of the City, the State of Missouri and of the United States of America, including,
without limitation,RSMo. §88.667 and Missouri Rules of Civil Procedure,Rule 86.
Section 5 The Mayor, the City Administrator, the City Attorney 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,and to pay the purchase
price and convey the City Property to the owners.
Section 6. This Ordinance shall be in full force and effect from and after its passage and
approval.
PASSED AND APPROVED by the Board of Aldermen of the City of Riverside,Missouri,this
,,clay of January,2007.
Lxw� -
Mayor Kathleen L.Rose
ATIBST:
• o
to
C' Clerk J'
-a
O
:w
EXHIBIT , ��3�'
TRACT P30 & P30—A
1 5�0'
SW18'44'E 1 Sw3Y26'E
7&OT'
TCE 4,570 SF.
PERAG LANG SWAP
9315 S.F.
ai
AS TRACT P30-A
y CITY OF RIVERSIDE, MISSOURI
FILE o0E0404017
P.Qd TCE &
PERM.LAND SWAP
TRACT P30 S/827'3ow
HARRY C. EDWARDS AND 3543' Al
LUCILLE C. EDWARDS
AS CO-TRUSTEES
FILE #OE0404030
0
P.O.&ROW to
IL 89/8' p .
N 83.78' 31 M
QM1:iY 'w
3Z
201ZN
NWI--
L9'-1-ED
^h J
Jw1UO
Mme
W
5- a1 Systems
Zoe° Id nq
�uh+.� �1 2400uite 4DD Rd.
SCALE ","_0 Kansas City. 29 Missouri i 64108
(816) 329-8600
4VWfVWf�O
100' 0 1001 200 1 RIVERSIDE HORIZONS
- -- - HARRY & LUCILLE EDWARDS
1
TRACT P30
Atk
PROJECT NAME:I-635/HORIZONS PARKWAY
PROJECTNUMBER:P101020298
LOCATION:RIVERSIDE,PLATTE COUNTY,MISSOURI
OWNER:HARRY C.EDWARDS AND LUCILLE C.EDWARDS,AS CO-TRUSTEES
TRACT NUMBER:P30
PERMANENT RIGHT-OF-WAY DESCRIPTION
A TRACT OF LAND FOR PERMANENT RIGHT-OF-WAY PURPOSES LOCATED IN THE
NORTHEAST QUARTER OF FRACTIONAL SECTION 7,TOWNSHIP 50 NORTH,RANGE 33
WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO GRID
NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983,WEST ZONE,AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
FRACTIONAL SECTION 7,T50N,R33 W,BEING A FOUND 1/2 INCH IRON BAR,PER CERTIFIED
LAND CORNER DOCUMENT NUMBER 600-63115;THENCE N00019'39"E ALONG THE EAST
LINE OF SAID NORTHEAST QUARTER,A DISTANCE OF 816.57 FEET TO THE POINT OF
BEGINNING;THENCE N2991 8'45W,A DISTANCE OF 83.78 FEET;THENCE NI x27'30"E,A
DISTANCE OF 269.22 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER;
THENCE S00°19 39"W ALONG SAID EAST LINE,A DISTANCE OF 256.38 FEET TO THE POINT
OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 10,739 SQUARE FEET OR 0.2465 ACRES,MORE
OR LESS.
W
:x .
•co
. J
• O •
C.0 .
PROJECT NAME:I-635/HORIZONS PARKWAY
PROJECTNUMBER P101020298
LOCATION:RIVERSIDE,PLATTE COUNTY,MISSOURI
OWNER:HARRY C.EDWARDS AND LUCILLE C.EDWARDS,AS CO-TRUSTE&S
TRACT NUMBER:P30
TEMPORARY CONSTRUCTION FASFZyEM DESCRIPTION
A TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES LOCATED
IN THE NORTHEAST QUARTER OF FRACTIONAL SECTION 7,TOWNSHIP 50 NORTH,RANGE
33 WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO
GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983,WEST ZONE,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
FRACTIONAL SECTION 7,T50N,R33W,BEING A FOUND V2 INCH IRON BAR,PER CERTIFIED
LAND CORNER DOCUMENT NUMBER 600.63115;THENCE N00°19'39"E ALONG THE EAST
LINE OF SAIDNORTHEAST QUARTER,A DISTANCE OF 1072.94 FEET TO THE POINT OF
BEGINNING;THENCE S18027'30"W,A DISTANCE OF 35.03 FEET;THENCE N00°27'51"W,A
DISTANCE OF 235.81 FEET;THENCE N62"1958"W,A DISTANCE OF 79.84 FEET;THENCE
S89018144"E,A DISTANCE OF 85.08 FEET TO A POINT ON THE EAST LINE OF SAID
NORTHEAST QUARTER;THENCE S00919139"W ALONG SAID EAST LINE,A DISTANCE OF
238.62 FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 4,570 SQUARE FEET OR 0.1049 ACRES,MORE OR .
LESS.
,pp
CD
V
C:) ,
.C;J
001014
PROJECT NAME:I-635/HORIZONS PARKWAY
PROJECTNUMBER:P101020298
LOCATION:RIVERSIDE,PLATTE COUNTY,MISSOURI
OWNER CITY OF RIVERSIDE,PLATTE COUNTY,MISSOURI
TRACT NUMBER:P30-ADD(CITY TO EDWARDS)
PERMANENT LAND SWAP DESCRIPTION
A TRACT OF LAND FOR PERMANENT LAND SWAP PURPOSES LOCATED IN THE
NORTHWEST QUARTER OF FRACTIONAL SECTION 8,TOWNSHIP 50 NORTH,RANGE 33
WEST,IN RIVERSIDE,PLATTE COUNTY,MISSOURI,BEARINGS ARE REFERENCED TO GRID
NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983,WEST ZONE,AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCINO AT THE SOUTHWEST CORNER OF TIM NORTHWEST QUARTER OF
FRACTIONAL SECTION 8,T50N,R33W,BEING A FOUND 1/2 INCH IRON DAR,PER CERTIFIED
LAND CORNER DOCUMENT NUMBER 600-63115;THENCE N0001 9'39"H ALONG THE WEST
LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 1072.94 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUING N00019'39"E ALONG SAID WEST LINE OF THE
NORTHWEST QUARTER,A DISTANCE OF 238.62 FEET TO THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8;
THENCE S89-31'26"B ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF TIM
NORTHWEST QUARTER,A DISTANCE OF 78.07 FEET;THENCE S18°27'30"W,A DISTANCE OF
250.88 FEET TO THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVB CONTAINS 9,315 SQUARE FEET OR 02138 ACRES,MORE OR
LESS.
1 ER
•G7
O
RIGHT OF WAY DEED
THIS AGREEMENT,made this 1(g'day of 1E,(:jq�aAQ�{ 2007, by and between
Harry C. Edwards and Lucille C. Edwards, husband and wife, whose address is 4408 Baltimore
Court Kansas laity, MO 64116 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 two thousand one hundred
thirty-six dollars ($2,136) and other good and valuable consideration to it paid by the Grantee,
the receipt and sufficiency of which is hereby acknowledged, does by these presents grant,
bargain,sell, convey,and confirm unto Grantee, its successors and assigns,a Right of Way for
the construction, improvement,reconstruction and maintenance of a right of way for public use
as a street,roadway or thoroughfare,including but not limited to,the use of conduits,water, gas,
sewer pipes, poles, wires, surface drainage facilities, ducts, cables on, over, along, across, and
under the described lots, tracts, or parcels of land lying, being and situated in Platte County,
Missouri,to-wit:
See Exhibit attached hereto and incorporated herein.
GRANTOR fiirther states that it is lawfidly seized of title to the land through which the Right of
Way is granted and that is has good and lawful right to convey the Right of Way to the Grantee
herein.
THIS GRANT and right of way shall, at all times be deemed to be and shall be, a continuing
covenant running with the land and shall be binding upon the successors and assigns of the
Grantor
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining,unto the Grantee and to its successors and assigns
forever,
IN WITNESS WHEREOF, the Grantor has hereunto set its hand this llmV — day of
��gti�ga.
12007.
GRANTOR:
" r�
Name:Harry C.Edwarrjd$A r
- .
Name:Lucille C. Edwards
Individuals
STATE OF )
ss.
COUNTY OF )
On this day of in the year 2007 before me,
a N Public in and for said State, personally
appeared Harry C. ward and
Lucille C. Edward known to me to be the persons who executed
the within Right of Way Deed, and acknowledged to me that they executed the same for the
purposes therein stated.
IN WriwEss VAMWOF, I have hereunto set my hand and affixed my official seal in the
County and State aforesaid,the day and year first above written.
=ftM*W
wret2 .2 (Printed Name)
Carmksbn
Notary Public
My mmission Expires:
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT,made this ktp " day of, fe6tj pma ,2006,by and between:
Harry C.and Lucille C.Edwards whose address is Lj tj_�L�.,,..v 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 N01100($0.00) 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 temporary easement and right of way, for a period not to exceed two (2)
years from the date first stated above of the Cliffview Road and West Platte Bridge Projects, over,
along, across, and under the described lots, tracts, or parcels of land lying, being and situated in
Platte County, Missouri,described in Eshibft A attached hereto and incorporated herein,including
the right, privilege and easement, to survey, construct, operate, patrol, inspect, maintain, alter,
repair,rebuild and remove,on,under and over the easement described herein,now or at any future
time, for the construction, improvement, reconstruction and maintenance of a street, roadway or
thoroughfare.The easement granted herein includes the right to move,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,
wired surface drainage facilities, ducts, or cables, reserving,however, to Grantor, their heirs and
assigns,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.
IT IS mutually agreed between the parties hereto that Grantee shall restore the ground insofar as
practicable to its original condition,after the construction works,or any subsequent maintenance or
repair operations.
THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant
running With the land and shall be binding upon the successors and assigns of the Grantor.
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities
thereunto belonging or in any way appertaining,unto the Grantee and to its successors and assigns
forever.
IN WITNESS WHEREOF, the said Grantor has hereunto set its hand this tiro*" day of
P ectavacu 2007.
GRANTOR:
Name: Nng,&M c. Q&�"A6aS
Name: L.
Individual
STATE OF )
)as.
COUNTY OF
/ On this `"itay of in the year 200-7— before me,
.C a Public in for id State, personally
appeared and own to me to be the
persons who exec ed the within Right of Way Deed, and acknowledged to me that they
executed the same for the purposes therein stated.
tjtLl
IN Wmdsss WHm=F, I have hereunto set my hand and affixed my official seal in the
ad State aforesaid,tha day and year first above written.
•NOUftYSm
�53 J004 (Printed Name)
No P
My ommission Expires: '
CiDMUMWW Sd&V%WleVmdSWVNUmpmmy hamet F,7mWLKISMEdwd Taopmmy0=*ac6m Bmmmf 2WAn 2
Exhibit B
Special Warranty Deed
SPECIAL WARRANTY DEED
by
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE,MISSOURI,
MAILING ADDRESS: 2950 NW Vivion Road,Riverside, Missouri 64150
GRANTOR
to
HARRY C. AND LUCILLE C. EDWARDS
Husband and wife -
MAILING ADDRESS: 4408 Baltimore Court,�e,Missouri 64150 \
GRANTEE � ll
--/ � 9 O f
Relating to Premises in: V(
Platte County,Missouri
LEGAL DESCRIPTION: See Exhibit A
DATED: August 2007
Return Recorded Document to:
Lori Wilhite
Armstrong Teasdale LLP
2345 Grand, Suite 2000
Kansas City,Missouri 64108
SPECIAL WARRANTY DEED
THIS INDENTURE is made as of August 3tf07 by THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF�IVERSIDE, Missouri, a public
corporation organized and existing under the laws Adf the for
("Grantor"), with a mailing address of 2950 NW 'vi Missouri 64 to
HARRY C. AND LUCILLE C. EDWARDS, hus d and wife tee ("Grantee'), with a
mailing address of 4408 Baltimore Co ssouri 4 . an
WITNESSETH: THAT GRANTOR, in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other valuable consideration to it in hand paid by Grantee (the receipt
of which is hereby acknowledged) does by these presents, BARGAIN and SELL, CONVEY and
CONFIRM unto Grantee, its successors and assigns, the lots, tracts or parcels of land, lying,
being and situate in the County of Platte and State of Missouri as described on Exhibit A
attached hereto.
WITNESSETH: THAT GRANTOR, is retaining a Temporary Construction Easement in
favor of the City of Riverside, Missouri, a fourth class city of the State of Missouri, 2950 N.W.
Vivion Road, Riverside, Missouri 64150, ("the City') for use in the establishment, building and
construction of public streets, alleys, roadways and thoroughfares (together with all necessary
appurtenances thereto)and widening,re-establishment,reconstruction,and repair of existing streets,
alleys, thoroughfares, and roadways; the construction, reconstruction and repair of sanitary sewer
lines, forcemains, water lines, storm sewers, drainage ditches, waterways, and other municipal
projects; on, over, under, and across the land in the County of Platte, and the State of Missouri as
described on Exhibit A attached hereto.
PURSUANT TO THE TEMPORARY CONSTRUCTION EASEMENT, the City, its
employees and duly authorized agents, its contractors and their employees shall have the right to
enter upon the land described on Exhibit A at any and all times to construct,build,repair, survey;
operate and store machinery and equipment; establish, alter and change grade and contour of the
land; remove trees, brush, shrubbery, bushes, permanent structures and personal property
including fences; and to use land for all reasonable purposes during the construction period of
the project, and for ninety (90) days thereafter, at which time all rights of the City herein
conveyed in land described on Exhibit A shall terminate and cease.
PURSUANT TO THE TEMPORARY CONSTRUCTION EASEMENT, Grantor
warrants that the City will restore, replace, relocate, and repair all existing permanent
improvements located within the easement area, which are damaged or temporarily removed
during the course of construction. Such replacements shall include driveways, sidewalks, steps,
fences, and utility installations, and the City shall grade, seed or sod, and restore yard areas
damaged by said construction work. Such restoration and replacement shall be at the sole
expense of the City, and shall be of substantially equal value to existing improvements.
However, this commitment shall not be construed to require additional compensation for items
herein designated for permanent removal.
PURSUANT TO THE TEMPORARY CONSTRUCTION EASEMENT, Grantees
herewith acknowledges receipt of a good and sufficient consideration to compensate for any and
all damage suffered or to be suffered or sustained by them as a result of removal of trees, shrubs
and other permanent improvements on the easement herein described, other than those to be
replaced, if any, as herein provided, together with any and all damages suffered or to be suffered
or sustained by Grantee as a result of the relocation, construction, or maintenance of the facilities
to be built by the City and any and all other damage suffered or to be suffered or sustained by
Grantee as a result of the use of this easement by the City or its contractors, employees and
agents.
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights,
privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto
Grantee and unto its successors and assigns forever, Grantor hereby covenanting that it is
lawfully seized of an indefeasible estate in fee of the premises herein conveyed; that it has good
right to convey the same; that said premises are free and clear from any encumbrance (except as
referenced above and on Exhibit A done or suffered by it; and that it will warrant and defend the
title to said premises unto Grantee and unto its successors and assigns forever, against the lawful
claims and demands of all persons whomsoever claiming under it except as above stated.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed as of the day
and year first above written.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE,MISSOURI
[SEAL] By:
Wayne Snyder,President
ATTEST:
By:
Jane Henry, Secretary
ACKNOWLEDGMENT
STATE OF MISSOURI
)SS
COUNTY OF PLATTE
ON THIS_day o , 2007,before me, the undersigned, a Notary Public in and for said
County and State,personally appeared Wayne Snyder to me personally known,who being by me
duly sworn, did say that he is the President of The Industrial Development Authority of the City
of Riverside, Missouri, a public corporation duly organized and existing under the laws of the
State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said
Authority, and that said instrument was signed and sealed in behalf of said Authority by
authority of its Board of Directors, and said individual acknowledged said instrument to be the
free act and deed of said Authority.
WITNESS my hand and official seal in the County and State aforesaid,the day and year first above
written.
Notary Public Signature
Printed or Typed Name
My Commission Expires:
(Seal)
EXHIBIT A
LEGAL DESCRIPTION OF PREMISES
A TRACT OF LAND FOR PERMANENT LAND SWAP PURPOSES LOCATED IN THE
NORTHWEST QUARTER OF FRACTIONAL SECTION 8, TOWNSHIP 50 NORTH,
RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE
REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE
SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
FRACTIONAL SECTION 8, T50N, R33W, BEING A FOUND 1/2 INCH IRON BAR, PER
CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63115; THENCE N00°19'39"E
ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1072.94
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°19'39"E ALONG
SAID WEST LINE OF THE NORTHWEST QUARTER, A DISTANCE OF 238.62 FEET TO
THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID FRACTIONAL SECTION 8; THENCE S89°31'26"E ALONG THE
NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A
DISTANCE OF 78.07 FEET; THENCE S18°27'30"W, A DISTANCE OF 250.88 FEET TO
THE POINT OF BEGINNING.
THE TRACT DESCRIBED ABOVE CONTAINS 9,315 SQUARE FEET OR 0.2138 ACRES,
MORE OR LESS.
All of the above being subject to all easements, reservations and encumbrances of record;
including but not limited to a Temporary Construction Easement reserved in favor of The City of
Riverside,Missouri.