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HomeMy WebLinkAbout2007-007 IDA Resolution Right of Ways and Easements RESOLUTION 2007-007 A RESOLUTION AUTHORIZING THE TRANSFER TO THE CITY OF RIVERSIDE, MISSOURI, CERTAIN RIGHTS-OF-WAYS AND INFRASTRUCTURE EASEMENTS AND AUTHORIZING DOCUMENTS AND ACTIONS RELATED THERETO. WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri (the "IDA") issued its Industrial Development Revenue Bonds (Riverside Horizons Infrastructure Project— City of Riverside, Missouri), Series 2007 in the principal amount of$40,265,000(the"Bonds'). WHEREAS, the City, the IDA, and UMB Bank, N.A., as Trustee (the "Trustee') entered into that certain Financing and Cooperation Agreement dated as of May 1, 2007 relating to the Bonds (the"Financing Agreement"). WHEREAS, the City, pursuant to the Financing Agreement, transferred the Mortgaged Property(as defined in the Financing Agreement) to the IDA which Mortgaged Property secures the payment of the Bonds. WHEREAS, to secure the Bonds, The Industrial Development Authority of the City, Norman E. Fretwell, as Mortgage Trustee, and UMB Bank, NA, entered into that certain Deed of Trust And Security Agreement dated as of May 1, 2007 (the "Deed of Trust'). WHEREAS, the Financing Agreement requires that the IDA, upon request of the City, grant to the City or other utility, without charge or cost, such easements 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 needs to acquire certain Infrastructure Easements and Rights-of-Ways from the Authority for road and street improvements, sidewalks,drainage improvements, sanitary improvements, and other utility improvements. WHEREAS, the City has directed, pursuant to Ordinance _, that the Authority transfer the Rights-of-Ways and Infrastructure Easements to the City. NOW, THEREFORE,be it resolved by the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri, as follows: 1 Section 1. The Authority hereby approves the transfer of the Rights-of-Ways and Infrastructure Easements to the City as described in the following documents(the`"Transfer Documents'): I) A Utility Easement for a Permanent Sanitary Sewer granted in favor of the City as described on Exhibit A attached hereto on the portion of the Mortgaged Property described therein. 2) A Utility Easement for a Permanent Sanitary Sewer granted in favor of the City as described on Exhibit B attached hereto on the portion of the Mortgaged Property described therein. 3) A Utility Easement for a Permanent Sanitary Sewer granted in favor of the City as described on Exhibit C attached hereto on the portion of the Mortgaged Property described therein. 4) A Utility Easement for a Permanent Sanitary Sewer granted in favor of the City as described on Exhibit D attached hereto on the portion of the Mortgaged Property described therein. 5) A Utility Easement for a Permanent Sanitary Sewer granted in favor of the City as described on Exhibit E attached hereto on the portion of the Mortgaged Property described therein. 6) A Utility Easement for a Permanent Sanitary Sewer granted in favor of the City as described on Exhibit F attached hereto on the portion of the Mortgaged Property described therein. 7) A Permanent Utility Easement in favor of the City as described on Exhibit G attached hereto on the portion of the Mortgaged Property described therein. 8) A Permanent Right of Way granted in favor of the City as described on Exhibit H attached hereto on the portion of the Mortgaged Property described therein. 9) A Storm Drainage Easement granted in favor of the City as described on Exhibit I attached hereto on the portion of the Mortgaged Property described therein. 10)A Temporary Construction Easement granted in favor of the City as described on Exhibit 7 attached hereto on the portion of the Mortgaged Property described therein. Section 2. The Authority hereby requests and directs that the Trustee cause the release of the Rights-of-Ways from the lien of the Deed of Trust and the subordination of the lien of the Deed of Trust to the Infrastructure Easements. Section 3. The President and the Vice-President of the Authority are hereby authorized and directed to execute the Transfer Documents, in substantially the form attached hereto, with such changes as are approved by the officer executing such documents, such execution being conclusive proof of such approval, for and on behalf of and as the act and deed of the Authority. The Secretary or the Assistant Secretary of the Authority are hereby authorized and directed to attest to the Transfer Documents. 2 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 S. The Resolution shall be in full force and effect from and after its passage and approval. Passed this_day of August, 2007 Wayne Snyder, President ATTEST: Jane Henry, Secretary 3 Exhibit A Utility Easement UTILITY EASEMENT THIS AGREEMENT, made and entered into this_ day of August, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One and no/100's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns,a Utility Easement over, along,across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary appurtenances thereto over, under, through, across and upon the following described lands in Platte County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1098.46 FEET; THENCE N01*12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 356.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S.INTERSTATE I-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S54°12'36"W, A DISTANCE OF 140.71 FEET; THENCE S80038'56"W, A DISTANCE OF 82.08 FEET; THENCE N09021'04"W, A DISTANCE OF 20.00 FEET; THENCE N80°38'56"E, A DISTANCE OF 77.38 FEET; THENCE N54°12'36"E, A DISTANCE OF 159.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF U.S.INTERSTATE I-635; THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT- OF-WAY LINE, A DISTANCE OF 30.85 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,597 SQUARE FEET OR 0.1055 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer, all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or stricture other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawfid right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, buildings, fences, or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. IN WITNESS WHEREOF,the said Grantor,has hereunto set hands this_day of August, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI [SEAL] By: Wayne Snyder,President ATTEST: By: Jane Henry, Secretary J:(CI.IENTS161492`OMI\KO541135.DOC 2 ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS _day of August, 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. WrINESS my hand and official seal in the County and State aforesaid,the day and year first above written. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) J.XCUENTs\610Z0 091W,054113s.WC 3 Exhibit B Utility Easement UTILITY EASEMENT THIS AGREEMENT, made and entered into this_ day of August, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside,Missouri, a fourth class city of the State of Missouri,2950 N.W. Vivion Road,Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One and noll00's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a Utility Easement over, along,across, and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary appurtenances thereto over, under, through, across and upon the following described lands in Platte County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1496.98 FEET; THENCE NO1°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 218.23 FEET TO THE POINT OF BEGINNING; THENCE S80°34'03"W, A DISTANCE OF 113.80 FEET; THENCE N09°25'57"W, A DISTANCE OF 20.00 FEET; THENCE N80034'03"E, A DISTANCE OF 65.83 FEET; THENCE S09°21'04"E, A DISTANCE OF 5.96 FEET; THENCE N80°38'56"E, A DISTANCE OF 48.00 FEET; THENCE S09°21'04"E, A DISTANCE OF 13.97 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 1,988 SQUARE FEET OR 0.0456 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer, all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery,buildings, fences, or growing crops damaged during laying or maintenance operations, will be restored to original condition insofar as practicable. THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. IN WITNESS WHEREOF,the said Grantor,has hereunto set hands this_day of August,2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI [SEAL] By: Wayne Snyder, President ATTEST: By: Jane Henry, Secretary i:CJUfT%I492wow1vc054I2I I.DOC 2 ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS_day of August, 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. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) J.-WLIENM61492V1009MO54121 i AOC 3 Exhibit C Utility Easement UTILITY EASEMENT THIS AGREEMENT, made and entered into this _day of August, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside,Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road, Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor,in consideration of the sum of One and no/100's Dollars ($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee,its successors and assigns, a Utility Easement over, along,across, and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild,replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary appurtenances thereto over,under, through, across and upon the following described lands in Platte County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE N01°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 414.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635,AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S13047'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.76 FEET; THENCE S55°01'06"W, A DISTANCE OF 83.97 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 25037'50" AND A RADIUS OF 67.50 FEET, FOR AN ARC DISTANCE OF 30.20 FEET; THENCE S80°38'56"W, A DISTANCE OF 117.67 FEET; THENCE N09°21'04"W, A DISTANCE OF 15.00 FEET; THENCE N80038'56"E, A DISTANCE OF 117.67 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 25037'50" AND A RADIUS OF 52.50 FEET, FOR AN ARC DISTANCE OF 23.49 FEET; THENCE N55°01'06"E, A DISTANCE OF 101.09 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 3,556 SQUARE FEET OR 0.0816 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer, all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee fiuther agrees that any trees, shrubbery,buildings, fences, or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. 1:\CtJENTS161492\00091VCM41210.DCC 2 IN WITNESS WHEREOF,the said Grantor,has hereunto set hands this_day of August,2007. 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 of August, 2007, before me, the undersigned, a Notary Public in and for said County and State,personally appeared Wayne Snyder to me personally!mown,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. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) I:\CLIENTS61492`00091UC0541210.DOC 3 Exhibit D Utility Easement UTILITY EASEMENT THIS AGREEMENT, made and entered into this _day of August, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside,Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road, Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor,in consideration of the sum of One and no/100's Dollars ($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee,its successors and assigns,a Utility Easement over, along, across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install,patrol, operate, maintain, inspect, alter,repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary appurtenances thereto over, under, through, across and upon the following described lands m Platte County, Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 300.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N14028'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S74°55'44"E, A DISTANCE OF 103.01 FEET; THENCE S69003'26"E, A DISTANCE OF 219.00 FEET; THENCE N20°56'34"E, A DISTANCE OF 8.55 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE S69003'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S20°56'34"W, A DISTANCE OF 23.55 FEET; THENCE N69°03'26"W, A DISTANCE OF 233.23 FEET; THENCE N74°55'44"W, A DISTANCE OF 102.08 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 5,171 SQUARE FEET OR 0.1187 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer, all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, buildings, fences, or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall, at all times be deemed to be and shall be,a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. J:SCIILWTS�61492%00091VC054I206.00c 2 IN WITNESS WHEREOF,the said Grantor,has hereunto set hands this_day of August,2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: Wayne Snyder,President [SEAL] ATTEST: By: Jane Henry, Secretary ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS_day of August, 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. WUNESS my hand and official seal in the County and State aforesaid, the day and year first above written. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) 1:SCI.IENPSW1492\00091VC0501206.DOC 3 Exhibit E Utility Easement UTILITY EASEMENT THIS AGREEMENT, made and entered into this _ day of August, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One and no/100's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee,its successors and assigns,a Utility Easement over,along, across, and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install,patrol, operate, maintain, inspect, alter, repair, rebuild,replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary appurtenances thereto over,under, through, across and upon the following described lands in Platte County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 253.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N14028'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.34 FEET; THENCE S49°03'03"E, A DISTANCE OF 35.52 FEET; THENCE S40056'57"W, A DISTANCE OF 20.00 FEET; THENCE N49003'03"W, A DISTANCE OF 25.56 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 611 SQUARE FEET OR 0.0140 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery,buildings, fences, or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall, at all times be deemed to be and shall be,a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. IN WITNESS WHEREOF,the said Grantor,has hereunto set hands this_day of August,2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI By: Wayne Snyder, President [SEAL] ATTEST: By: Jane Henry, Secretary 1:1CLIENTS61492\D0091W,0541103.DOC 2 ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS_day of August, 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 swom, 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. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) JACLIENT"1492D OM0541103.DOC 3 Exhibit F Utility Easement UTILITY EASEMENT THIS AGREEMENT, made and entered into this_ day of August, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,2950 N.W. Vivion Road,Riverside, Missouri 64150,Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One and no/100's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee,its successors and assigns, a Utility Easement over, along, across, and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install,patrol, operate, maintain, inspect, alter, repair, rebuild,replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary appurtenances thereto over, under, through, across and upon the following described lands in Platte County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 4, T50N, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N89°10'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1023.26 FEET; THENCE N00°49'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 245.40 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S50°19'04"W, A DISTANCE OF 53.61 FEET; THENCE N84°40'56"W, A DISTANCE OF 124.95 FEET; THENCE N05°19'04"E, A DISTANCE OF 137.32 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MISSOURI STATE HIGHWAY 9; THENCE S53°16'51"B ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 17.57 FEET; THENCE S05019'04"W, A DISTANCE OF 113.17 FEET; THENCE S84°40'56"E, A DISTANCE OF 103.74 FEET; THENCE N50019'04"E, A DISTANCE OF 43.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MISSOURI STATE HIGHWAY 9; THENCE S53016'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.43 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,324 SQUARE FEET OR 0.0993 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer, all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains (and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, buildings, fences, or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. JACUENT"149 eMINKos41138MM 2 IN WITNESS WHEREOF,the said Grantor,has hereunto set hands this_day of August,2007. 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 of August, 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. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) JACL1ENTSM4vZOMI\K0341138MOc 3 Exhibit G Permanent Utility Easement UTILITY EASEMENT THIS AGREEMENT, made and entered into this _day of August, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri, 2950 N.W.Vivion Road,Riverside,Missouri 64150, Grantee. WITNESSETH, that the Grantor, in consideration of the sum of One and no/100's Dollars ($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee,its successors and assigns, a Utility Easement over, along, across, and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary appurtenances thereto over, under,through, across and upon the following described lands in Platte County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT UTILITY EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE NOl°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 414.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S55001'06"W, A DISTANCE OF 87.54 FEET; THENCE S82°32'24"W, A DISTANCE OF 220.50 FEET; THENCE S81003'08"W, A DISTANCE OF 51.94 FEET; THENCE S09050'08"E, A DISTANCE OF 26.56 FEET; THENCE S80°09'52"W, A DISTANCE OF 5.00 FEET; THENCE N09°50'08"W, A DISTANCE OF 26.63 FEET; THENCE S81003'08"W, A DISTANCE OF 17.15 FEET; THENCE S09021'04"E, A DISTANCE OF 29.80 FEET; THENCE S80038'56"W, A DISTANCE OF 5.00 FEET; THENCE N09021'04"W, A DISTANCE OF 39.84 FEET; THENCE N81°03'08"E, A DISTANCE OF 79.29 FEET; THENCE N82°32'24"E, A DISTANCE OF 218.18 FEET; THENCE N55001'06"E, A DISTANCE OF 96.51 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID U.S. INTERSTATE I-635; THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.17 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,188 SQUARE FEET OR 0.0961 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR firrther states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery,buildings, fences, or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing covenant mmming with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. JXLIF.NT961492x00091VC0541212.D0C 2 IN WITNESS WHEREOF,the said Grantor,has hereunto set hands this_day of August, 2007. 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 of August, 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. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) J:ICUENTS\61492`A0091UCa541212.noC 3 Exhibit H Permanent Right of Way Project: Horizons Parkway P101020298 RIGHT OF WAY DEED THIS AGREEMENT, made and entered into this_ day of August, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside, Missouri 64150,Grantee. WITNESSETH,that the Grantor,in consideration of the sum of One Dollar($1.00)and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, 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 the County of Platte, and the State of Missouri,to-wit: A TRACT OF LAND FOR PERMANENT RIGHT-OF-WAY PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, THE NORTHEAST QUARTER OF FRACTIONAL SECTION 7 AND THE NORTHWEST QUARTER OF FRACTIONAL SECTION 8, ALL IN TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND 1-1/2 INCH DIAMETER IRON PIPE WITH NAIL, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61553; THENCE S00°29'11"W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 466.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S65°23'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 631.91 FEET; THENCE S13°47'23"W, A DISTANCE OF 750.60 FEET; THENCE S00°24'26"W, A DISTANCE OF 625.00 FEET; THENCE S10054'10"E, A DISTANCE OF 101.98 FEET; THENCE S00°24'26"W, A DISTANCE OF 1160.00 FEET; THENCE S89°35'34"E, A DISTANCE OF 120.00 FEET; THENCE S00024'26"W, A DISTANCE OF 195.00 FEET; THENCE N89°35'34"W, A DISTANCE OF 110.00 FEET; THENCE S00°24'26"W, A DISTANCE OF 228.24 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 15035'39" AND A RADIUS OF 1500.00 FEET, FOR AN ARC DISTANCE OF 408.26 FEET; THENCE S16°00'05"W, A DISTANCE OF 200.00 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 1535'39" AND A RADIUS OF 1060.00 FEET, FOR AN ARC DISTANCE OF 288.50 FEET; THENCE 500'24'26"W, A DISTANCE OF 117.35 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE HIGHWAY I-635, AS NOW ESTABLISHED; THENCE N80°42'29"W ALONG SAID NORTHERLY RIGHT-OF- WAY LINE, A DISTANCE OF 35.86 FEET; THENCE S87°14'28"W CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 335.00 FEET; THENCE N00035'38"E, A DISTANCE OF 308.66 FEET; THENCE N18°27'30"E, A DISTANCE OF 520.09 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8; THENCE N89031'26"W ALONG SAID SOUTH LINE, A DISTANCE OF 78.07 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE N00°19'39"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 1320.00 FEET TO THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, ALSO BEING THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 5, BEING A FOUND 3/4 INCH DIAMETER IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555; THENCE N00°29'11"E ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 5, A DISTANCE OF 2185.41 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 1,806,753 SQUARE FEET OR 41.4773 ACRES,MORE OR LESS. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. THIS GRANT and easement shall, at all times be deemed to be and shall be,a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside,a fourth class city of the State of Missouri,and to its successors and assigns forever. J:\CLIENTS\61492\00091\%0540940.DOC 2 IN WITNESS WHEREOF, the said Grantor has hereunto set their hands this_day of August, 2007, 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 of August, 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. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) J:\CLIENT$\61492\00091\K0540940.DOC 3 Exhibit I Storm Drainage Easement STORM DRAINAGE EASEMENT THIS AGREEMENT, made this day of August, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,whose address is 2950 N.W.Vivion Road,Riverside, Missouri 64150, Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One Dollar($1.00)and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a STORM DRAINAGE EASEMENT over, along, across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon the easement to lay, construct, install, operate, maintain, repair, replace and remove underground pipe lines, manholes, catch basins, concrete surface drainage ways, open water ways and storm system together with all necessary appurtenances thereto over,under, through,across and upon the following described lands in Platte County,Missouri, to-wit: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5 AND THE NORTHEAST QUARTER OF FRACTIONAL SECTION 8, ALL IN TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1178.07 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 971.93 FEET; THENCE S14030'28"W CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 153.18 FEET; THENCE S72°11'33"W, A DISTANCE OF 212.36 FEET; THENCE N15015'38"E, A DISTANCE OF 1810.71 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE S69°03'28"B ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 137.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 1-635; THENCE S 13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 556.63 FEET TO THE POINT OF BEGINNING, EXCEPT FOR THE FOLLOWING TRACT OF LAND: SOUTH PART, SECTION 5 & EAST PART, SECTION 8,Township 50 North,Range 33 West, Permanent Right-of-Way being acquired hereunder for the Railroad Diversion Ditch described as follows: Beginning at a point on the North Right-of-Way Line of the Missouri River Levee 325 feet North of Levee Center Line Station 210+25 more or less,a point on the North and South Center Line of Section 8, and 510 feet more or less South of the center of Section 8, Thence with a strip of land 80 feet wide, having 40 feet on each side of the North and South Center Line of Section 8, 850 feet more or less to the North Right-of-Way Line of Highway I- 635, Thence Northeasterly with a strip of land 70 feet wide, adjacent to, parallel with, and on the Northwesterly side of 1-635 Right-of-Way, a distance of 3,460 feet more or less to a point on the Southerly Line of Right-of-Way now occupied by the Burlington Northern Railroad Main Line tracks, Thence continuing Northeasterly 100 feet to the North Line of Burlington Northern Railroad Right-of-Way, Thence Northwesterly with a strip of land 70 feet wide, adjacent to, parallel with, and on the Northerly side of the Burlington Northern Railroad Right-of-Way a distance of 1,465 feet more or less to the dividing line between Linde &Burke-Carswell, Thence Northeasterly with a strip of land 45 feet wide, adjacent to, and parallel with and on the East side of said dividing line to the South Right-of-Way Line of Highway 9, said dividing line more particularly described as follows: Beginning at a point 1,218.27 feet North of the North One-quarter(N%4)Comer, Section 8, Thence South 69° 35' 20"East 234.30 feet to the true point of beginning, Thence North 06° 01' 30" East 926.00 feet more or less to the South Right-of-Way Line of Highway 9, containing 9.92 Acres. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all storm sewers,underground pipe,manholes,catch basins, concrete drainage ways, open water ways, and all necessary appurtenances on the above described property and for all proper purposes connected with the installation,use,maintenance, and replacement of the storm sewer. GRANTOR hereby further grants unto the Grantee the right to use such portions of their land adjacent to the easement herein granted during construction of its facilities as are reasonable and necessary with the understanding that this is a temporary right which shall cease ninety (90) days after completion of the initial construction or no later than four(4) years from the date of execution of this easement, whichever shall occur first, and further that the premises shall be restored as far as practicable,and any damage to the property of the Grantor shall be made good by the Grantee GRANTOR agrees not to obstruct or interfere with the maintenance of such storm sewer by erecting,or causing or allowing to be erected,any building or structure on the easement. IT IS mutually agreed between the parties hereto that Grantee shall restore the ground insofar as practicable to its original condition, after the construction of the storm sewers, or any subsequent maintenance or repair operations. Grantee fuuther agrees that any repair or maintenance of the ground, including rip rap at the outfall of the storm sewer, will be performed by Grantee at Grantee's expense. THIS GRANT and easement shall,at all times be deemed to be and shall be, a continuing covenant naming with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the Grantee and to its successors and assigns forever. IN WITNESS WHEREOF, the said Grantor has hereunto set its hand this day of August,2007. GRANTOR: 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 of August, 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 swom, 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 fust above written. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) Exhibit J Temporary Construction Easement Project Name:Riverside Force Main Tract No.Levee-N TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made and entered into this_ day of August, 2007 is by and between The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, having an address of 2950 N.W. Vivion Road, Riverside, Missouri, hereinafter called GRANTOR, for and in consideration of the stun of One and no/100's Dollars ($1.00), and other good and valuable considerations, the receipt and sufficiency of which hereby acknowledged, does hereby grant, bargain, sell, convey, and confirm unto the City of Riverside, a fourth class city of the State of Missouri,having an address of 2950 N.W. Vivion Road, Riverside, Missouri, hereinafter called GRANTEE, a Temporary Construction Easement 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 following described land in the County of Platte,and the State of Missouri,to-wit: A TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 4, T50N, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N89°10'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1227.06 FEET; THENCE N00049'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 177.36 FEET TO THE POINT OF BEGINNING; THENCE N05041'32"E, A DISTANCE OF 203.76 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED; THENCE S53016'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 238.23 FEET; THENCE SO4°42'55"W, A DISTANCE OF 132.75 FEET; THENCE N70°13'45"W, A DISTANCE OF 212.80 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 34,437 SQUARE FEET OR 0.7906 ACRES, MORE OR LESS. GRANTEE, its employees and duly authorized agents, its contractors and their employees shall have the right to enter upon above described land 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 GRANTEE herein conveyed in above described land shall terminate and cease. GRANTEE, agrees that it 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 GRANTEE 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 GRANTEE, 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. GRANTOR 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 GRANTOR as a result of the relocation, construction, or maintenance of the facilities to be built by GRANTEE and any and all other damage suffered or to be suffered or sustained by GRANTOR as a result of the use of this easement by GRANTEE or its contractors, employees and agents. IN WITNESS WHEREOF,the said GRANTOR, has hereunto set hands this_day of August, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI [SEAL] ATTEST: By: Wayne Snyder,President By: Jane Henry, Secretary r:�Ci.Ietars%1492\00091 O5w97s.DOC 2 ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS _day of August, 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 swom, 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. /s/ Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) J:%CL1rrrrswi492VgM1%K054 &.D0C 3 015797 �? S�U S ` 9oSU%P, I CERTIFY I' F ` i 2001 OCT -�4�� ��A�� 9: 055��� = _ RECO RDED B0 KIMP6 ' s_ 'tS GLORIA BOYER.PIATTE CO.RECORDEF C30' : x : cq . UTILITY EASEMENT - THIS AGREEMENT,made and entered into thisdo f September, 2007,by and between:The o Industrial Development Authority of the City of Riverside, Missouri, a public corporation 00 N organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,2950 N.W. Vivion Road, Riverside,Missouri 64150, Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One and no/100's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns,a Utility Easement over, along,across, and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary appurtenances thereto over, under, through, across and upon the following described lands in Platte County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229;THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1098.46 FEET; THENCE N01*12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 356.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S.INTERSTATE 1-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S54°12'36"W, A DISTANCE OF 140.71 FEET; THENCE S80°38'56"W, A DISTANCE OF 82.08 FEET; THENCE N09°21'04"W, A DISTANCE OF ((c����� C�(po��a�� �� 20.00 FEET; THENCE "( 8'55'pA"DfS�A D E DF 7/{ 3 P iCE N54012'36"E, A DISTANCE OF 159.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF U.S.INTERSTATE I-635; THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT- OF-WAY LINE, A DISTANCE OF 30.85 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,597 SQUARE FEET OR 0.1055 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. � coo ac GRANTOR further states that it is lawfully seized of title to the land through which said easement er is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee p further agrees that any trees, shrubbery, buildings, fences,or growing crops damaged during laying OO or maintenance operations, will be restored to original condition insofar as practicable. Ui ZZI THIS GRANT and easement shall,at all times be deemed to be and shall be, a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. IN WITNESS WHEREOF, the said Grantor, has hereunto set hands this-4 kday of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI (SEAL] By: Leland Finley,Vice President ATTEST: By Sarah Miontpson, Asjoecretary Mp ED]0lwemmoC(K�o o moo a�0 015797 M �of�oc�o�a0 �oc�a�c��� ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS day of September, 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Leland Finley to me personally known, who being by me duly sworn, did say that he is the Vice 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. :. !PrintedZor Public Signature ':. S10T1AR1IN6LtC•NOTARY4/ SEAL ` Stole of Mbsoud � NNCw �! 8 20-� Typ Comaaaon#qU 53 My Commission Expires. CJ1 (Seal) [ ��p o - p0���� n � 9 CON �' I IM CERTIFYUIR 2001 OCT -4 A 9: 04 RECORDED BGOXUPG.__ —S(0 5 GLORIA BOYER.PLATTE CO.RECOROER - = •` D Uty P UTILITY EASEMENT THIS AGREEMENT,made and entered into this*/day of September,2007,by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri, 2950 N.W.Vivion Road, Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One and no/100's Dollars($1.00), ! o0 and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto -- said Grantee, its successors and assigns,a Utility Easement over, along,across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay,construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary ' Co appurtenances thereto over, under, through, across and upon the following described lands in Platte rI County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1496.98 FEET; THENCE N01°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 218.23 FEET TO THE POINT OF BEGINNING; THENCE S80°34'03"W, A DISTANCE OF 113.80 FEET; THENCE N09125'57"W, A DISTANCE OF 20.00 FEET; THENCE N80°34'03"E, A DISTANCE OF 65.83 FEET; THENCE S09°21'04"E, A DISTANCE OF 5.96 hggp ofiw��opmpo MW 'A �s T�� FEET; THENCE 56 E, DIS I ANC D F 48 OO F �E S09°21'04"E, A DISTANCE OF 13.97 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 1,988 SQUARE FEET OR 0.0456 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, buildings, fences, or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall,at all times be deemed to be and shall be, a continuing covenant ! C ' running with the land and shall be binding upon the successors and assigns of the Grantor.; TO HAVE AND HOLD. SAME, together with all appurtenances and immunities thereunto —' belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns v forever. c-j 0 IN WITNESS WHEREOF, the said Grantor, has hereunto set hands this j day of September, co, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI [SEAL] By: Leland Finley,Vice President ATTEST: B • Sarah hompson, As . ecretary M[Po&Jgn6o 015796 ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS _day of September, 2007, before me, the undersigned, a Notary Public in and for said County and State,personally appeared Leland Finley to me personally known, who being by me duly sworn, did say that he is the Vice 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 seat in the Co ty and State aforesaid,the day and year first above written. tai Public Signature NOUIRY PUBLIC-NOTARY SEAL ,X Mate of ML%" , Platte Co�,� MY e o iIlw nTs28.2W9 Printed or Typed Na My Commission Expires: (Seal) 0 . 00 cn Mp ' r ... . ❑ ❑ 016044 3 �� a ��C� • STAiE� SCURI � ❑ ❑ .+ �"'•^ ;0��i {� CERTIFY IHS7' � ! TK • LTJ' l5 45 2001 OCT -9 P 3-- 08 0 ��11rraa I RECOROEO BOodw—PG. GLORIA BOYER/,PLATTECO.REcOROEe UTILITY EASEMENT THIS AGREEMENT,made and entered into thisl 'day of September,2007,by and between:The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor,and the City of Riverside, Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor,in consideration of the sum of One and no/100's Dollars($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee,its successors and assigns, a Utility Easement over,along,across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer,all necessary forcemains and all necessary 1 m appurtenances thereto over, under, through, across and upon the following described lands in Platte ; c County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES N LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST o " ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: CA COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF. VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE N01°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 414.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 1-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S13047'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.76 FEET; THENCE S55°01'06"W, A DISTANCE' OF 83.97 FEET; THENCE Mpo��L/l'J �Ji'J �'JV o�Oop�lill5q(�@oMO, U0§ GI1vV�J�,erlq .�eG . Cooar�� 9 [� o��oa�o • SOUTHWESTERLY"AMNG A �UIr vE oRDgi(�"(N= TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 25037'50" AND A RADIUS OF 67.50 FEET, FOR AN ARC DISTANCE OF 30.20 FEET; THENCE S80°38'56"W, A DISTANCE OF 117.67 FEET; THENCE N09°21'04"W, A DISTANCE OF 15.00 FEET; THENCE N80038'56"E, A DISTANCE OF 117.67 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 25037'50" AND A RADIUS OF 52.50 FEET, FOR AN ARC DISTANCE OF 23.49 FEET; THENCE N55°01'06"E, A DISTANCE OF 101.09 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 3,556 SQUARE FEET OR 0.0816 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said casement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, buildings, fences,or growing crops damaged during laying , co : or maintenance operations,will be restored to original condition insofar as practicable. X 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. tV `ca-r TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto O belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns CD forever. C79 � n M 9 �������� 016044 IN WITNESS WHEUO , e said 0 en�toC�r,�as DereOt�eChand dds tts=Cb day of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI 4 [SEAL] By: Leland Finley,Vice President ATTEST: By Sarah Thompson, Ass . Secretary ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS Z y of September, 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Leland Finley to me personally known,who being by me duly sworn, did say that he is the Vice 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 o free act and deed of said Authority. G7 WITNESS my hand and official seal in the County and State aforesaid,the day and year first above written. N Public Signatures ►10TAM �Np � r oar MyCormntrs°�On000e�uusy��ly�rq. Printed or Typed Na e Comm:.Sion 0.5484i538.20D9 My mmission Expires: (Seal) Mpcc]Mwerwirm,Cr�'©opkCau �c amooa�� Fkaffia c(DU D q Tdouoa iru 015799 STATE OF t1L � pO couwl Y or Y D 0 T f I CERT IFY INSIRUH 2001 OCT-4 A 9: 072 = RECORDEDODONJ_ AYG. uS� lz CNN ; ' GLORIA 80YER.PLATTECO.RECORDEA UTILITY EASEMENT THIS AGREEMENT, made and entered into this;i�/�aay of September,2007,by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,2950 N.W.Vivion Road,Riverside,Missouri 64150, Grantee. WITNESSETH, that the Grantor, in consideration of the sum of One and no/100's Dollars ($1.00), and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns,a Utility Easement over,along, across,and under the lands ; hereinafter described, including the right and privilege at any time and from time to time to enter : --- upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary c appurtenances thereto over, under,through, across and upon the following described lands in Platte O County,Missouri,to wit: . tb . cn•. A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88148'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 300.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N14028'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S74°55'44"E, A DISTANCE OF 103.01 FEET; hNpoop�l�l���0 �0o1�J'�L� THENCE S69°03'up?nnHPS "W4 �"I "U maw N20°56'34"E, A DISTANCE OF 8.55 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE S69003'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET; THENCE S20°56'34"W, A DISTANCE OF 23.55 FEET; THENCE N69003'26"W, A DISTANCE OF 233.23 FEET; THENCE N74°55'44"W, A DISTANCE OF 102.08 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 5,171 SQUARE FEET OR 0.1187 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of : w ' . x: said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, buildings, fences,or growing crops damaged during laying T' or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall, at all times be deemed to be and shall be,a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. O UI TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto •%O belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. h N poopomooa�� (Q�� ��(�0cFD6 (�f14- ;day � 015'799 IN WITNESS WHEREOF;the salt pant T�ast se�Tha�rids 14- ;day of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: Leland Finley, Vice President [SEAL] ATTEST: By; Sarah Thompson,Afst. Secretary ACKNOWLEDGMENT STATE OF MISSOURI )SS .. COUNTY OF PLATTE ON THIS aAy of September, 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Leland Finley to me personally known,who being by me duly sworn, did say that he is the Vice President of The Industrial Development Authority of O the City of Riverside, Missouri, a public corporation duly organized and existing under the laws ; CD CJI 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. of Public Signature lIOThMFLIEW-NOI are Of Mlrrp e Printed or Typed Na e �' �ba�IL'Jtbi My ommission Expires: (Seal) hspo����o�©op0�s�ocooa�� p� Cho o 9 pp�0ac0 osssoo STATEDt11� .. �� COUATY OF r I CENPFY IHSIRUM 20010CT -4 A 9: 082 i W� RECDROEO ODDK l \PG._ 60 1� GLORIA B�DY/ER�.PLATTE C'yD.NnE/COJROEN ��,, :: •_: :�����` \'lys ae'�JU'�j UTILITY EASEMENT THIS AGREEMENT, made and entered into this day of September,2007,by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri, 2950 N.W. Vivion Road,Riverside, Missouri 64150,Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One and no/100's Dollars(51.00), . x : and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto —= said Grantee, its successors and assigns,a Utility Easement over, along, across, and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter ; -o upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary . 00 appurtenances thereto over, under, through, across and upon the following described lands in Platte 1,0 ; County,Missouri, to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED 1N THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 528.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED; THENCE N14°28'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 253.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N14028'23"E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.34 FEET; THENCE S49°03'03"E, A DISTANCE OF 35.52 FEET; hggpoOwswnwoco, pmooa%§ IREqU c(gan 9 lJVl1������0 THENCE S40°56' A'DIS�ANW1 F D .BO W, " "ARN49003'03"W, A DISTANCE OF 25.56 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 611 SQUARE FEET OR 0.0140 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer, all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, buildings, fences, or growing crops damaged during laying or maintenance operations, will be restored to original condition insofar as practicable. THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto w belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns x forever. 1=�, IN WITNESS WHEREOF, the said Grantor, has hereunto set hands this.?6 t'day of September, _ 2007. r� .O THE INDUSTRIAL DEVELOPMENT 00 AUTHORITY OF THE CITY OF : Cn RIVERSIDE,MISSOURI By: 47 Leland Finley, Vice President [SEAL] ATTEST: Sarah Thompson, AAE Secretary [NNpoflwnmw0C®op����c�o �ooa�0 Phu& ODUM Koomairo Oa.580o uno)M OM ffuumM ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS/Jday of September, 2007, before me, the undersigned, a Notary Public in and for said County and State,personally appeared Leland Finley to me personally known, who being by me duly sworn, did say that he is the Vice 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. WC/ St.ell N ry Public Signat re x: m0mv ELIC•N0 win*We of Kftoud er= °s 20.2= Printed or Typed Name My C ission Expires: (Seal) o Z4 9 CO.. ON. O STATE ) ttSOUR!�j CERTIFY INSTTAlbF1a►�+ e O IJ= o `�•l l lJ Ll"IJ IJ lS 2001 OCT -4 A 9. 09 RECORDED DOOKE1--FG.__S' ,SGLORIABOYER.PLATIECO.RECORDS yam/ C/( . o UTILITY EASEMENT -rn• THIS AGREEMENT,made and entered into this_day of September, 2007, by and between:The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor,and the City of Riverside, Missouri, a fourth class city of the State of Missouri, 2950 N.W. Vivion Road, Riverside,Missouri 64150, Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One and no/100's Dollars ($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns,a Utility Easement over, along, across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary appurtenances thereto over, under, through, across and upon the following described lands in Platte County,Missouri,to wit: A TRACT OF LAND FOR PERMANENT SANITARY SEWER EASEMENT PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE 1 REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 4, T50N, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N89°10'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1023.26 FEET; THENCE N00°49'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 245.40 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S50119'04"W, A DISTANCE OF 53.61 FEET; THENCE N84°40'56"W, A DISTANCE OF 124.95 FEET; THENCE N05°19'04"E, A DISTANCE OF 137.32 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE h CO3 §wir ��op0� Mooa,o§ OF SAID MISSOURATATE" 4= ; PHEI W9414 ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 17.57 FEET; THENCE S05°19'04"W, A DISTANCE OF 113.17 FEET; THENCE 584*40'56"E, A DISTANCE OF 103.74 FEET; THENCE N50°19'04"E, A DISTANCE OF 43.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MISSOURI STATE HIGHWAY 9; THENCE S53016'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.43 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,324 SQUARE FEET OR 0.0993 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of co , the sanitary sewer,all forcemains and other equipment through the above described property and for R' all proper purposes connected with the installation, use, maintenance, and replacement of the ,4, sanitary sewer and all forcemains(and other equipment). r- GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. 00 GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee herein. GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee further agrees that any trees, shrubbery, buildings, fences, or growing crops damaged during laying or maintenance operations,will be restored to original condition insofar as practicable. THIS GRANT and easement shall, at all times be deemed to be and shall be,a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. hggp oOwimm,rrzl©o p���c�a Haft Qm"a fflom oo oss8os IN WITNESS WIIEJ�tl�e sea d`G t r,�asFD (L tb"set Lds fhfs% Lday of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI [SEAL] By: P ov Leland Finley, Vice President ATTEST: By Sarah Thompson, A& Secretary ACKNOWLEDGMENT STATE OF MISSOURI )SS C ' COUNTY OF PLATTE 00 ON THIS day of September, 2007, before me, the undersigned, a Notary Public in and for -.. said County and State, personally appeared Leland Finley to me personally known,who being by me duly sworn, did say that he is the Vice 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. �J lam/ E- - - - - - - - - - - N Public Signa re ji Printed or Typed Name My dmmission Expires: (Seal) Aa p hgg(:E� Qou n 9 p1 haam p 015795 STATEOV� � OCO a P' CYINSiOfJB �^ 1 CERTIFY NSt 2001 OCT -4 A 9: 03 Q SS RECORDED BOOK" PG. £ , GLORIA BOYER�.PLA✓TT�EC/O/.RTECOfkOE'6� UTILITY EASEMENT s da THIS AGREEMENT, made and entered into thiy of September,2007,by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,2950 N.W. Vivion Road,Riverside,Missouri 64150, Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One and no/100's Dollars ($1.00), and other good and valuable consideration to it paid by the Grantee, the receipt and sufficiency of i which hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto ' said Grantee, its successors and assigns, a Utility Easement over,along, across,and under the lands hereinafter described, including the right and privilege at any time and from time to time to enter upon said easement to survey, lay, construct, install, patrol, operate, maintain, inspect, alter, repair, rebuild, replace and remove a permanent sanitary sewer, all necessary forcemains and all necessary p appurtenances thereto over, under, through, across and upon the following described lands in Platte 00 County,Missouri,to wit: Ul (Jt A TRACT OF LAND FOR PERMANENT UTILITY EASEMENT PURPOSES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1085.45 FEET; THENCE N0l°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 414.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE 1-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S55001'06"W, A DISTANCE OF 87.54 FEET; THENCE S82°32'24"W, A DISTANCE OF 220.50 FEET; THENCE S81°03'08"W, A DISTANCE OF 51.94 FEET; ppoflwpp�opppp�pocppopp0 THENCE S09°50'U'x =TwLD6:5"6`FEET;"THE;9 S80°09'52"W, A DISTANCE OF 5.00 FEET; THENCE N09°50'08"W, A DISTANCE OF 26.63 FEET; THENCE S81003'08"W, A DISTANCE OF 17.15 FEET; THENCE S09°21'04"E, A DISTANCE OF 29.80 FEET; THENCE S80°38'56"W, A DISTANCE OF 5.00 FEET; THENCE N09021'04"W, A DISTANCE OF 39.84 FEET; THENCE N81°03'08"E, A DISTANCE OF 79.29 FEET; THENCE N82°32'24"E, A DISTANCE OF 218.18 FEET; THENCE N55001'06"E, A DISTANCE OF 96.51 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID U.S. INTERSTATE I-635;THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.17 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,188 SQUARE FEET OR 0.0961 ACRES, MORE OR LESS. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of the sanitary sewer,all forcemains and other equipment through the above described property and for all proper purposes connected with the installation, use, maintenance, and replacement of the sanitary sewer and all forcemains(and other equipment). GRANTOR agrees not to obstruct or interfere with the maintenance of such sanitary sewer and forcemains, by erecting, or causing or allowing to be erected, any building or structure other than fences on said easement. GRANTOR further states that it is lawfully seized of title to the land through which said easement I W is granted and that it has good and lawful right to convey said easement to the Grantee herein. ; `; GRANTEE shall restore the ground insofar as practicable to its original condition, after laying of said sanitary sewer and forcemains, or any subsequent maintenance or repair operations. Grantee —' further agrees that any trees, shrubbery, buildings, fences, or growing crops damaged during laying chi or maintenance operations, will be restored to original condition insofar as practicable. O CD • THIS GRANT and easement shall,at all times be deemed to be and shall be,a continuing covenant . N running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto the City of Riverside, and to its successors and assigns forever. 0nooMW IN WITNESS WHEREOF; ttC s 60a�[6r, Dec�tin0handstYii day of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI [SEAL] By: Leland Finley, Vice President ATTEST: B : Sarah Thompson,tIrsst. Secretary ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ' OD` ON THISq�/Aay of September, 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Leland Finley to me personally known,who being by me duly sworn, did say that he is the Vice 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 CD' Authority, and that said instrument was signed and sealed in behalf of said Authority by (j . authority of its Board of Directors, and said individual acknowledged said instrument to be the ICA 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. jNoPutlic se Signature ClS C Printed or Typed Nank My Commission Expires: (Seal) trOrNir�rtA +rsFJu9(CDC �� f�f '❑ftlatte r. ❑ �/ ❑ /n lJ�❑ LJ LJ LJ O❑ a�� .35i LJ I��dl ((P� 015194 STATEUOFL IJD��Ca � lfl�n S I CERTIFY IHSTRUHcHT RECEIVED -� 2001 OCT -4 A 9: 02 Lon _ RECORDED BOOK L'-'PG. 5 GLORIA BOYER.PLATTE CO.REC RRDEF Project: Horizons Parkway P101020298 RIGHT OF WAY DEED THIS AGREEMENT,made and entered into this day of September,2007,by and between:The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,2950 N.W. Vivion Road,Riverside,Missouri 64150, Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One Dollar($1.00)and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, '' its successors and assigns, 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, 1 .-0 ducts, cables on, over, along, across, and under the described lots, tracts, or parcels of land lying, , 0 being and situated in the County of Platte,and the State of Missouri,to-wit: ap CA A TRACT OF LAND FOR PERMANENT RIGHT-OF-WAY PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, THE NORTHEAST QUARTER OF FRACTIONAL SECTION 7 AND THE NORTHWEST QUARTER OF FRACTIONAL SECTION 8, ALL IN TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND 1-1/2 INCH DIAMETER IRON PIPE WITH NAIL, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61553; THENCE S00029'1I"W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 466.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S65°23'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 631.91 FEET; THENCE S13°47'23"W, A 1hN[P o�0��oc�oo A &q -rte HhoQuiro DISTANCE OF 75itbW4 'T�LN'C>✓ O 4'(W'�Q&WOF 625.00 FEET; THENCE S10-54'10"E, A DISTANCE OF 101.98 FEET; THENCE S00°24'26"W, A DISTANCE OF 1160.00 FEET; THENCE S89°35'34"E, A DISTANCE OF 120.00 FEET; THENCE S00024'26"W, A DISTANCE OF 195.00 FEET; THENCE N89°35'34"W, A DISTANCE OF 110.00 FEET; THENCE S00°24'26"W, A DISTANCE OF 228.24 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 15°35'39" AND A RADIUS OF 1500.00 FEET, FOR AN ARC DISTANCE OF 408.26 FEET; THENCE S16000'05"W, A DISTANCE OF 200.00 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 15035'39" AND A RADIUS OF 1060.00 FEET, FOR AN ARC DISTANCE OF 288.50 FEET; THENCE S00°24'26"W, A DISTANCE OF 117.35 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE HIGHWAY I-635, AS NOW ESTABLISHED; THENCE N80°42'29"W ALONG SAID NORTHERLY RIGHT-OF- WAY LINE, A DISTANCE OF 35.86 FEET; THENCE S87°14'28"W CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 335.00 FEET; THENCE N00°35'38"E, A DISTANCE OF 308.66 FEET; THENCE N18°27'30"E, A DISTANCE OF 520.09 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8; THENCE N89031'26"W ALONG SAID SOUTH LINE, A DISTANCE OF 78.07 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE N00°19'39"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 1320.00 FEET TO THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, ALSO BEING THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 5, BEING A FOUND 3/4 INCH DIAMETER IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555; THENCE N00°29'11"E ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 5, A DISTANCE OF 2185.41 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 1,806,753 SQUARE FEET OR 41.4773 Iry ACRES, MORE OR LESS. O GRANTOR further states that it is lawfully seized of title to the land through which said easement is granted and that it has good and lawful right to convey said easement to the Grantee �- herein. THIS GRANT and easement shall, at all times be deemed to be and shall be, a continuing covenant running with the land and shall be binding upon the successors and assigns of the Grantor. TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining,unto the City of Riverside, a fourth class city of the State of Missouri,and to its successors and assigns forever. h 0) o00w��ocr�op����c�oc ooa�� 015794 M �o�oc�o�a� I�oc�ar�c�r�� IN WITNESS WHEREOF, the said Grantor has hereunto set their hands this � day of September, 2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI [SEAL] By: Leland Finley, Vice President ATTEST: By: Sarah Thompson,As . Secretary ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON THIS"day of September, 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Leland Finley to me personally known,who being by oo me duly sworn, did say that he is the Vice President of The Industrial Development Authority of the City of Riverside, Missouri, a public corporation duly organized and existing under the laws ; "a� 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 c> free act and deed of said Authority. O� WITNESS my hand and official seal in the County and State aforesaid, the day and year first above ; written. No Public Signature L WISE F.R14K NOTARUBLIC-NOTARY SEN State of Mh" �M 6518. W Printed or Typed Name My Co mission Expires: (Seal) MpEL]jfi lJ wA'/V orr,:z:N phl�s)So@ LJ LJOol�1�� 015802 STATE OF h{ S ��� COUNTY GF L � apo4. CERTIFY IHSTRUt._ 1007 OCT —�4��A� 9; 09 ton 7� RECORDED BOOKII GLORIABOYER.PLATTECO.RECOROEfi 2S 1/�//'/j,\///\ s/'`a�•�:'^ �'vas?,\\` P STORM DRAINAGE EASEMENT THIS AGREEMENT, made this Gi% day of September, 2007, by and between: The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, whose address is 2950 N.W. Vivion Road, Riverside, Missouri 64150, Grantor, and the City of Riverside, Missouri, a fourth class city of the State of Missouri,whose address is 2950 N.W. Vivion Road, Riverside,Missouri 64150,Grantee. WITNESSETH,that the Grantor, in consideration of the sum of One Dollar($1.00)and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto said Grantee, its successors and assigns, a STORM DRAINAGE EASEMENT over, along, across, and under the ; Pr lands hereinafter described, including the right and privilege at any time and from time to time to enter upon the easement to lay, construct, install, operate, maintain, repair, replace and remove — underground pipe lines, manholes, catch basins, concrete surface drainage ways, open water ways and storm system together with all necessary appurtenances thereto over,under, through,across and upon the following described lands in Platte County,Missouri,to-wit: C 00 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5 AND N THE NORTHEAST QUARTER OF FRACTIONAL SECTION 8, ALL IN TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND CUT "+" AT TOP, NORTH SIDE OF VERTICAL RAILROAD RAIL MONUMENT, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-52229; THENCE N88°48'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1178.07 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635, AS NOW ESTABLISHED, AND BEING THE POINT OF BEGINNING; THENCE S13°47'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 971.93 FEET; THENCE S14030'28"W CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 153.18 FEET; THENCE S72°11'33"W, A DISTANCE OF 212.36 FEET; THENCE N15015'38"E, A DISTANCE OF 1810.71 FEET TO A POINT ON THE hq�pcl o&JWj�Jl'/ o(r� (n_) � oMOol�J�� g [�ooa�o SOUTHERLY RIGHT-4-WAY'�INIr 9k D BTJRH UQ 7Q ERN SANTA FE RAILROAD, AS NOW ESTABLISHED; THENCE S69003'28"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 137.50 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-635; THENCE S13047'39"W ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 556.63 FEET TO THE POINT OF BEGINNING, EXCEPT FOR THE FOLLOWING TRACT OF LAND: SOUTH PART, SECTION 5 & EAST PART, SECTION 8, Township 50 North, Range 33 West, Permanent Right-of-Way being acquired hereunder for the Railroad Diversion Ditch described as follows: Beginning at a point on the North Right-of-Way Line of the Missouri River Levee 325 feet North of Levee Center Line Station 210+25 more or less, a point on the North and South Center Line of Section 8, and 510 feet more or less South of the center of Section 8, Thence with a strip of land 80 feet wide, having 40 feet on each side of the North and South : R : Center Line of Section 8, 850 feet more or less to the North Right-of-Way Line of Highway I- 635, Thence Northeasterly with a strip of land 70 feet wide, adjacent to, parallel with, and on the Northwesterly side of I-635 Right-of-Way, a distance of 3,460 feet more or less to a point on the . O Southerly Line of Right-of-Way now occupied by the Burlington Northern Railroad Main Line 00 tracks, C fV Thence continuing Northeasterly 100 feet to the North Line of Burlington Northern Railroad Right-of-Way, Thence Northwesterly with a strip of land 70 feet wide, adjacent to, parallel with, and on the Northerly side of the Burlington Northern Railroad Right-of-Way a distance of 1,465 feet more or less to the dividing line between Linde & Burke-Carswell, Thence Northeasterly with a strip of land 45 feet wide, adjacent to, and parallel with and on the East side of said dividing line to the South Right-of-Way Line of Highway 9, said dividing line more particularly described as follows: Beginning at a point 1,218.27 feet North of the North One-quarter(N'/.)Comer, Section 8, Thence South 69°35' 20" East 234.30 feet to the true point of beginning, Thence North 06° 01' 30" East 926.00 feet more or less to the South Right-of-Way Line of Highway 9, containing 9.92 Acres. 2 mmg§ Hgt:�� Own g �aanui o Ungo a D o GRANTEE, its successors an assigns, s� ave hg t o1 owner ip,�u a and control of all storm sewers, underground pipe, manholes,catch basins, concrete drainage ways,open water ways, and all necessary appurtenances on the above described property and for all proper purposes connected with the installation,use,maintenance,and replacement of the storm sewer. GRANTOR hereby further grants unto the Grantee the right to use such portions of their land adjacent to the easement herein granted during construction of its facilities as are reasonable and necessary with the understanding that this is a temporary right which shall cease ninety (90) days after completion of the initial construction or no later than four(4)years from the date of execution of this easement, whichever shall occur first, and further that the premises shall be restored as far as practicable,and any damage to the property of the Grantor shall be made good by the Grantee GRANTOR agrees not to obstruct or interfere with the maintenance of such storm sewer by erecting, or causing or allowing to be erected,any building or structure on the easement. IT IS mutually agreed between the parties hereto that Grantee shall restore the ground insofar as m practicable to its original condition, after the construction of the storm sewers, or any subsequent maintenance or repair operations. Grantee further agrees that any repair or maintenance of the ground, including rip rap at the outfall of the storm sewer, will be performed by Grantee at Grantee's expense. -- THIS GRANT and easement shall, at all times be deemed to be and shall be,a continuing covenant o running with the land and shall be binding upon the successors and assigns of the Grantor. Co Ol TO HAVE AND TO HOLD THE SAME, together with all appurtenances and immunities N thereunto belonging or in any way appertaining,unto the Grantee and to its successors and assigns forever. 3 hNpo0p0D o0a�� HUNG poaR g xhcn(nuil 015802 IN WITNESS WHEREOF, the said Grantor has hereunto set its hand this 2 day of September, 2007. GRANTOR: THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI [SEAL] By: Leland Finley,Vice President ATTEST: By Sarah Thompson,Assr Secretary E% ACKNOWLEDGMENT T= STATE OF MISSOURI )SS COUNTY OF PLATTE O � ,� 00 ON THIS�day of September, 2007, before me, the undersigned, a Notary Public in and for N) IV said County and State, personally appeared Leland Finley to me personally known, who being by me duly sworn, did say that he is the Vice 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. /4NoPubaficci2i Jgnature i ETAOIOry1EAl�ad��2t2= Printed or Typed 14arh e My mmission Expires: (Seal) hNpco]Hwsm�•/V orr,:z,Oophl�M) Srn& J�� R 9 po��oa�o O1S�sa STATE OF MISSOUVt! COUNTY OF PLA p{pM . O NbIf,IL I ��� I CERTIFY INSI RUMENr RE u u �� N?Ifl L L c 2001 OCT -4 A 9: 06 N FO.�SS RECOROEOCOOK"L OROEF �OLOR11%0YgER,PLATTECO /v� C C!a 1 Project Name:Riverside Force Main Tract No.Levee-N TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT, made and entered into this day of September, 2007 is by and between The Industrial Development Authority of the City of Riverside, Missouri, a public corporation organized and existing under the laws of the State of Missouri, having an address of 2950 N.W. Vivion Road, Riverside, Missouri, hereinafter called GRANTOR, for and in consideration of the sum of One and no/100's Dollars ($1.00), and other good and valuable considerations, the receipt and sufficiency of which hereby acknowledged, does hereby grant, bargain, sell, convey, and confirm unto the City of Riverside,a fourth class city of the State of Missouri, having an address of 2950 N.W. Vivion Road, Riverside, Missouri, hereinafter called GRANTEE, a Temporary r+' Construction Easement 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 O . lines, storm sewers, drainage ditches,waterways, and other municipal projects;on, over,under, and co across the following described land in the County of Platte,and the State of Missouri,to-wit: Ln A TRACT OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT PURPOSES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 4, T50N, R33W, BEING A FOUND IRON BAR WITH ALUMINUM CAP, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-63113; THENCE N89°10'35"W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1227.06 FEET; THENCE N00°49'25"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 177.36 FEET TO THE POINT OF BEGINNING; THENCE N05°41'32"E, A DISTANCE OF 203.76 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF MISSOURI STATE HIGHWAY 9, AS NOW ESTABLISHED; THENCE S53016'51"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 238.23 hggpo0 wsNm, 0opMo, Dq 1-11aalodap, FEET; THENCE SOd°"4Z'S5"Rr A� �AIV�E D2FEET IPIE N70013'45"W, A DISTANCE OF 212.80 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 34,437 SQUARE FEET OR 0.7906 ACRES, MORE OR LESS. GRANTEE, its employees and duly authorized agents, its contractors and their employees shall have the right to enter upon above described land 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 GRANTEE herein conveyed in above described land shall terminate and cease. GRANTEE, agrees that it 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 GRANTEE 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 GRANTEE, 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. GRANTOR 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 W ; trees, shrubs and other permanent improvements on the easement herein described, other than those x to be replaced, if any, as herein provided, together with any and all damages suffered or to be suffered or sustained by GRANTOR as a result of the relocation, construction, or maintenance of the facilities to be built by GRANTEE and any and all other damage suffered or to be suffered or — sustained by GRANTOR as a result of the use of this easement by GRANTEE or its contractors, employees and agents. O ' 00 IN WITNESS WHEREOF, the said GRANTOR, has hereunto set hands this -56-';"day of co September,2007. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI [SEAL] ATTEST: By: On Leland Finley, Vice President By: Sarah Thompson, Asst. ec etary J: � 9p�o����a �oc�®o � OR@ Qmn 9 Himo�wr0 015'798 �oc�a�c��� ACKNOWLEDGMENT STATE OF MISSOURI )SS COUNTY OF PLATTE ON T IS41 d y of September, 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Leland Finley to me personally known, who being by me duly sworn, did say that he is the Vice 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. �gqp6Mblic Signa' t re W HOURV R AIC-NOTARJ2OW Stale of NUM A PriPrinted or Typed N • x Mymission Expires: t (Seal) -� • O (ll • . CO i49�1148*wwo0c ooa��