Loading...
HomeMy WebLinkAbout2008-001 Transfer Easements Redevelopment Project III RESOLUTION 2008-001 A RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN INFRASTRUCTURE EASEMENTS IN CONNECTION WITH REDEVELOPMENT PROJECT III, 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 as are necessary or desirable for utility improvements ("Infrastructure Easements"). NOW, THEREFORE, be it resolved by the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri, as follows: Section 1. The Authority hereby approves the transfer of the Infrastructure Easements as described in the following documents (the "Transfer Documents"): 1) A Utility Easement for Water Facilities as described on Exhibit A attached hereto on,the portion of the Mortgaged Property described therein. 2) A Utility Easement for Electrical Facilities as described on Exhibit B attached hereto on the portion of the Mortgaged Property described therein. 3) An Exclusive Utility Easement for Utility Facilities as described on Exhibit C attached hereto on the portion of the Mortgaged Property described therein. Section 2. The Authority hereby requests and directs that the Trustee cause 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. 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 cavy out and comply with the intent of this Resolution. Section 5. The Resolution shall be in full force and effect from and after its passage and approval. Passed this 23`a day of January,2008. Ul Wayne yder, President ATTEST: J e Henry, Secr ry 2 EXHIBIT A Utility Easement for Water Facilities UTILITY EASEMENT THIS LTI'ILITY EASEMENT, made this day of January, 2008, by The Industrial Development Authority of the City of Riverside, Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, GRANTOR, for Missouri American Water, 727 Craig Road, St. Louise, Missouri 63141,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, subject to the terms and conditions of this Utility Easement,by these presents grant,bargain, sell, convey, and confirm unto said GRANTEE,and its successors and assigns, a perpetual 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, reconstruct, install, modify, supplement, operate, maintain, inspect, alter, repair, rebuild, replace and remove a pipeline and related necessary appurtenances for the transportation of water ("Water Facilities") over, under, through, across and upon the lands situated in Platte County, Missouri, the legal description of which is attached as Exhibit A and incorporated herein by this reference (the "Easement Area") SUBJECT to any easements and right-of-way already existing in,over,upon and across the Easement Area. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of its Water Facilities through the Easement Area for all proper purposes connected with the installation,use, maintenance,and replacement of the Water Facilities. GRANTOR agrees not to obstruct or unreasonably interfere with the maintenance of the Water Facilities by erecting, or causing or allowing to be erected, any building or structure other than fences, parking fields, landscaping, roadways, curb, gutter, pavement and the like on the Easement Area nor place fill in excess of five feet on pipeline or remove overburden (cover) such that pipeline does not have three feet of remaining cover. GRANTEE shall not obstruct or unreasonably interfere with GRANTOR'S use of the Easement Area for such improvements. GRANTOR further states that it is lawfiilly seized of title to the Easement Area and that it has good and lawful right to convey said easement to the GRANTEE. GRANTEE shall restore any and all landscaping, roadways, curbs, gutters, buildings, fences, pavement,parking fields,growing crops and other property damaged during GRANTEE'S exercise of any of its rights hereunder to original condition prior to such damage insofar as practicable. GRANTEE shall immediately remove all debris resulting from its activities upon completion of any work performed within the Easement Area. GRANTEE, and any and all successors and assigns of GRANTEE, assume and agree to pay for all loss of damage to GRANTOR'S property caused by GRANTEE. Excepting the negligence of Grantor and the negligence of Grantor's employees, contractors, agents, and invitees, GRANTEE agrees to defend, indemnify and hold GRANTOR and its successors and assigns harmless against any and all claims, demands, suits and judgments that may be asserted for damages for loss or liability on account of injuries to(including death of)persons or damage to property,including costs and expenses incident thereto, arising wholly or in part from, or in connection with GRANTEE'S exercise of its rights hereunder. 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 and GRANTEE. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining,unto GRANTEE and to its successors and assigns forever. IN WITNESS WHEREOF,the GRANTOR,has hereunto set hands the date first above written. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI By: Wayne Snyder,President ATTEST: Jane Henry, Secretary 2 ACKNOWLEDGMENT STATE OF MISSOURI COUNTY OF PLATTE ON THIS day of January, 2008, before me, a Notary Public, personally appeared: Wayne Snyder and proved to me on the basis of satisfactory evidence that he is the President of the Industrial Development Authority of the City of Riverside, Missouri, whose name is subscribed to the within instrument, and acknowledged that he executed the same on behalf of said authority for the purposes stated therein and no other and acknowledged said instrument to be the free act and deed of said authority. WITNESS my hand and official seal in the County and State aforesaid,the day and year first above written. Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) 3 EXHIBIT A LEGAL DESCRIPTION PROJECT NAME: RIVERSIDE FORCE MAIN PROJECT NUMBER: P 101020298 LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI PERPETUAL WATERLINE EASEMENT DESCRIPTION A TRACT OF LAND 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 SUCTION 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 1231.00 FEET; THENCE N01°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 605.79 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 S69°03'27"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET,THENCE S20°52'54"W, A DISTANCE OF 259.60 FEET; THENCE S80°38'56"W, A DISTANCE OF 10.87 FEET; THENCE N09-21'04"W, A DISTANCE OF 10.00 FEET; THENCE N88°38'56"E, A DISTANCE OF 5.13 FEET;THENCE N20°52'54"E,A DISTANCE OF 253.86 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 2,647 SQUARE FEET OR 0.061 ACRES, MORE OR LESS. C�opr�� WWI S SME EIZf - 002285 2008 FEB 20 A 11: 08 O_ ` 17 RECO?.OEO HOK ?G. GLORIABOYER.?L rtECO.RECORDEI✓�;'', .r t UTILITY EASEMENT THIS UTILITY EASEMENT, made this 2� day of January, 2008, by The Industrial Development Authority of the City of Riverside, Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, GRANTOR, for Missouri American Water, 727 Craig Road, St.Louise, Missouri 63141,GRANTEE. C30 WITNESSETH, that the GRANTOR, in consideration of the sum of One and no/100's Dollars x ($1.00), and other good'and valuable consideration to it paid by the GRANTEE, the receipt and _ sufficiency of which hereby acknowledged, does, subject to the terms and conditions of this Utility _ Easement,by these presents grant,bargain, sell,convey,and confirm unto said GRANTEE, and its Cl) successors and assigns, a perpetual 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, reconstruct, install, modify, supplement, operate, O maintain, inspect, alter, repair, rebuild, replace and remove a pipeline and related necessary :o appurtenances for the transportation of water ("Water Facilities") over, under, through, across and upon the lands situated in Platte County, Missouri, the legal description of which is attached as Exhibit A and incorporated herein by this reference (the "Easement Area") SUBJECT to any easements and right-of-way already existing in,over,upon and across the Easement Area. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of its Water Facilities through the Easement Area for all proper purposes connected with the installation, use,maintenance,and replacement of the Water Facilities. GRANTOR agrees not to obstruct or unreasonably interfere with the maintenance of the Water Facilities by erecting, or causing or allowing to be erected, any building or structure other than fences, parking fields, landscaping, roadways, curb, gutter, pavement and the like on the Easement Area nor place fill in excess of five feet on pipeline or remove overburden(cover)such that pipeline does not have three feet of remaining cover. GRANTEE shall not obstruct or unreasonably interfere with GRANTOR'S use of the Easement Area for such improvements. MpoHwerwjivooc�oo g �n nno�a�o GRANTOR father statues tFiat it is�Clal y�sei a oI titre to tFie E allLa and that it has good and lawful right to convey said easement to the GRANTEE. GRANTEE shall restore any and all landscaping, roadways, curbs, gutters, buildings, fences, pavement,parking fields,growing crops and other property damaged during GRANTEE'S exercise of any of its rights hereunder to original condition prior to such damage insofar as practicable. GRANTEE shall immediately remove all debris resulting from its activities upon completion of any work performed within the Easement Area. GRANTEE,and any and all successors and assigns of GRANTEE,assume and agree to pay for all loss of damage to GRANTOR'S property caused by GRANTEE. Excepting the negligence of Grantor and the negligence of Grantor's employees, contractors, agents, and invitees, GRANTEE agrees to defend, indemnify and hold GRANTOR and its successors and assigns harmless against any and all claims, demands, suits and judgments that may be asserted for damages for toss or liability on account of injuries to(including death oft persons or damage to property,including costs and expenses incident thereto, arising wholly or in part from, or in connection with GRANTEE'S exercise of its rights hereunder. 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 and GRANTEE. TO 14AVE AND HOLD SANE, together with all appurtenances and immunities thereunto � belonging or in any way appertaining,unto GRANTEE and to its successors and assigns forever. IN WITNESS WHEREOF,the GRANTOR,has hereunto set hands the date first above written. 00 THE INDUSTRIAL DEVELOPMENT o AUTHORITY OF TIM CITY OF s V�� :7;a MISSO Snyder,Presi e (!.agl Henry, Secret [ op000�0000©op00000r00000� Haft@ Qmn�/9 KoHawaio unofflodW RO)CUM&M ACKNOWLEDGMENT STATE OF MISSOURI COUNTY OF PLATTE ON THIS 23 day of January, 2008, before me, a Notary Public, personally appeared: Wayne Snyder and proved to me on the basis of satisfactory evidence that he is the President of the Industrial Development Authority of the City of Riverside, Missouri, whose name is subscribed to the within instrument, and acknowledged that he executed the same on behalf of said authority for the purposes stated therein and no other and 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. / 1 olary Public Signature CClvksan \� ``"ans - k/ks F..P Printed or Typed Name m My Commission Expires: (Seal) — C1 co ro O O SUSAN) WILLIAMS-UMSTEAD I Notary Public-Notary Seal Q 3ackeon County-State of Missouri Commissbn#0540172 Commission Expires o6/O w , ��Ca.1lSlS�S ��I:J� IS g IJl'IIJ����l�J�O 002285 LEGAL DESCRIPTION PROJECT NAME: RIVERSIDE FORCE MAIN PROJECT NUMBER: P 101020298 LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI PERPETUAL WATERLINE EASEMENT DESCRIPTION A TRACT OF LAND 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, R33 W, 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 1231.00 FEET;THENCE NOl°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 605.79 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 S69°03'27"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 10.00 FEET; THENCE S20°52'54"W, A m DISTANCE OF 259.60 FEET; THENCE S80°38'56"W,A DISTANCE OF 10.87 FEET; x THENCE N09021'04"W, A DISTANCE OF 10.00 FEET;THENCE N88038'56"E,A _ DISTANCE OF 5.13 FEET;THENCE N20°52'54"E, A DISTANCE OF 253.86 FEET TO THE _ POINT OF BEGINNING. W THE TRACT DESCRIBED ABOVE CONTAINS 2,647 SQUARE FEET OR 0.061 ACRES, QMJ MORE OR LESS. o 0 0 hggpo0 wewnw, pk�aftrn& mooao§ EXHIBIT B Utility Easement for Electrical Facilities UTILITY EASEMENT THIS UTILITY EASEMENT, made this day of January, 2008, by The Industrial Development Authority of the City of Riverside, Missouri, 2950 N.W. Vivion Road, Riverside, Missouri 64150, GRANTOR, for Kansas City Power & Light, Missouri , 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, subject to the terms and conditions of this Utility Easement,by these presents grant,bargain, sell, convey, and confirm unto said GRANTEE, and its successors and assigns, a perpetual 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, reconstruct, install, modify, supplement, operate, maintain, inspect, alter, repair, rebuild, replace and remove facilities for the transmission of electrical service, all necessary power lines and all necessary appurtenances thereto for the transportation of electrical service("Electrical Facilities"), over,under,through, across and upon the lands situated in Platte County, Missouri, the legal description of which is attached as Exhibit A and incorporated herein by this reference (the "Easement Area") SUBJECT to any easements and right-of-way already existing in,over, upon and across the Easement Area. GRANTEE, its successors and assigns, shall have the right of ownership, use and control of all of its Electrical Facilities through the Easement Area for all proper purposes connected with the installation,use, maintenance,and replacement of the Electrical Facilities. GRANTOR agrees not to obstruct or unreasonably interfere with the maintenance of the Electrical Facilities by erecting, or causing or allowing to be erected, any building or structure other than fences, parking fields, landscaping, roadways, curb, gutter, pavement and the like on the Easement area. GRANTEE shall not obstruct or unreasonably interfere with GRANTOR'S use of the Easement Area for such improvements. GRANTOR further states that it is lawfully seized of title to the Easement Area and that it has good and lawful right to convey said easement to the GRANTEE. GRANTEE shall immediately restore any and all landscaping, roadways, curbs, gutters, buildings, fences, pavement, parking fields, growing crops and other property damaged during GRANTEE'S exercise of any of its rights hereunder to original condition immediately prior to such damage insofar as practicable. GRANTEE shall immediately remove all debris resulting from its activities. GRANTEE, and any and all successors and assigns of GRANTEE, assume and agree to pay for all loss of damage to GRANTOR'S property caused by GRANTEE, and to defend, indemnify and hold GRANTOR and its successors and assigns harmless against any and all claims, demands, suits and judgments that may be asserted for damages for loss or liability on account of injuries to (including death of) persons or damage to property, including costs and expenses incident thereto, arising wholly or in part from, or in connection with GRANTEE'S exercise of its rights hereunder. 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 and GRANTEE. TO HAVE AND HOLD SAME, together with all appurtenances and immunities thereunto belonging or in any way appertaining, unto GRANTEE and to its successors and assigns forever. IN WITNESS WHEREOF,the GRANTOR,has hereunto set hands the date first above written. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: Wayne Snyder, President ATTEST: Jane Henry, Secretary 2 ACKNOWLEDGMENT STATE OF MISSOURI COUNTY OF PLATTE ON TIES day of January, 2008, before me, a Notary Public, personally appeared: Wayne Snyder and proved to me on the basis of satisfactory evidence that he is the President of the Industrial Development Authority of the City of Riverside, Missouri, whose name is subscribed to the within instrument, and acknowledged that he executed the same on behalf of said authority for the purposes stated therein and no other and acknowledged said instrument to be the free act and deed of said authority. WITNESS my hand and official seal in the County and State aforesaid, the day and year first above written. Notary Public Signature Printed or Typed Name My Commission Expires: (Seal) 3 EXHIBIT A LEGAL DESCRIPTION PROJECT NAME: RIVERSIDE FORCE MAIN PROJECT NUMBER: P 10 1020298 LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI PERPETUAL ELECTRIC EASEMENT DESCRIPTION A TRACT OF LAND 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 1231.00 FEET; THENCE NO1°12'00"E ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE, A DISTANCE OF 605.79 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 S20°52'54"W, A DISTANCE OF 253.86 FEET; THENCE S80°38'56"W, A DISTANCE OF 125.44 FEET; THENCE S09°21'04"E, A DISTANCE OF 37.75 FEET; THENCE S79°52'45"W,A DISTANCE OF 10.00 FEET; THENCE N09°21'04"W,A DISTANCE OF 47.89 FEET; THENCE N80°38'56"E, A DISTANCE OF 129.69 FEET; THENCE N20°52'54"E,A DISTANCE OF 248.13 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD; THENCE S69°03'27"E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 4,214 SQUARE FEET OR 0.097 ACRES, MORE OR LESS. EXHIBIT C Exclusive Utility Easement for Utility Facilities EXCLUSIVE UTILITY EASEMENT THIS EXCLUSIVE UTILITY EASEMENT,made this_day of January,2008,by 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 its principal office located at 2950 NW Vivion,Riverside, Missouri 64150, ("Grantor")for the CITY OF RIVERSIDE,MISSOURI, a fourth class municipality of the State of Missouri,whose address is 2950 NW Vivion Road,Riverside,Missouri 64150 ("Grantee"). WITNESSETH,that the Grantor, in consideration of the sum of One Dollars($1.00),and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of which is hereby acknowledged, does,subject to the terms and conditions of this Utility Easement,by these presents grant,bargain, sell,convey,and confirm unto said Grantee,its successors and assigns,an exclusive perpetual 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 lay,construct, install,operate,maintain, repair, replace and remove public utility lines, meters,vaults and all necessary appurtenances thereto ("Utility Facilities")over,under,through,across and upon the lands situated in Platte County, Missouri,the legal description of which is attached as Exhibit A and incorporated herein by this reference(the"Easement Area'). Grantor shall not grant to any other person any easement, license,permit or other right to use any portion of the Easement Area. If there currently exists any license or permit to use any portion of the Easement Area, Grantor hereby assigns all rights and title of Grantor in and to such license or permit to Grantee. Grantee, its successors and assigns,shall have the right of ownership, use and control of the Utility Facilities over, under,through, across and upon the Easement Area and for all proper purposes connected with the installation, use, maintenance, and replacement of the Utility Facilities. The City of Riverside, Missouri may assign this Easement to one or more utilities who shall have the rights and obligations granted to Grantee hereunder with respect to all or a portion of the Easement Area and/or the City of Riverside, Missouri may grant such utilities a permit or license to use the Easement Area or portion thereof subject to the terms and conditions of this Easement. The rights of assignment, permitting and/or licensing granted in this paragraph are solely rights of the City of Riverside,Missouri and shall not pass to any successor,assign, licensee or permitee. Grantor, hereby further grants unto the Grantee the right to use such portions of the land adjacent to the Easement Area during construction of the Utility Facilities as are reasonable and necessary for such construction 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 fences, crops, livestock, or real or personal property of the Grantor shall be made good by the Grantee. Grantor agrees not to obstruct or unreasonably interfere with the Utility Facilities by erecting, or causing or allowing to be erected, any building or structure on the Easement Area. Grantor further states that it is lawfully seized of title to the Easement Area and that it has good and lawful right to convey the said easement to the Grantee herein. Grantee shall immediately restore the Easement Area damaged during Grantee's exercise of any of its rights hereunder to original condition immediately prior to such damage insofar as practicable. Grantee shall immediately remove all debris resulting from its activities. Grantee, and any and all successors and assigns of Grantee, assume and agree to pay for all loss of damage to Grantor's property caused by Grantee, and to defend, indemnify and hold Grantor and its successors and assigns harmless against any and all claims, demands, suits and judgments that may be asserted for damages for loss or liability on account of injuries to (including death of)persons or damage to property, including costs and expenses incident thereto, arising wholly or in part from, or in connection with Grantee's exercise of its rights hereunder. 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 Grantee, and to its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has hereunto set hands this day of January, 2008. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI Wayne Snyder,President Grantor ATTEST: [seal] Jane Henry, Secretary ACKNOWLEDGEMENT STATE OF MISSOURI } } SS: COUNTY OF PLATTE } On this, the_day of January, 2008,before me, the undersigned, a Notary Public, appeared Wayne Snyder, who being before me duly sworn did say that he is the President of THE INDUSTRIAL DEVELOPMENT AUTHORITY FO THE CITY OF RIVERSIDE, MISSOURI., a public corporation 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 corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said official acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said corporation. IN WITNESS WHEREOF, I hereunder set my hand and affixed my notary seal, the day and year last above written. Notary Public My commission expires: EXHIBIT A LEGAL DESCRIPTION PROJECT NAME: 1-635/HORIZONS PARKWAY PROJECT NUMBER: P101020298 LOCATION: RIVERSIDE, PLATTE COUNTY, MISSOURI PERPETUAL UTILITY EASEMENT DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE, PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5, T50N, R33W, BEING A FOUND 1-1/2 INCH PIPE WITH NAIL,PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61553; THENCE 888001'24"E ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1311.29 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE S00°30'01"W ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER,A DISTANCE OF 1019.39 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 SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALONG A NON-TANGENT CURVE TO THE LEFT, HAVING AN INITIAL TANGENT BEARING OF S65023'28"E , A CENTRAL ANGLE OF 03040'00"AND A RADIUS OF 13,968.19 FEET, FOR AN ARC DISTANCE OF 893.90 FEET; THENCE S69°03'28"E CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 1927.69 FEET; THENCE S00°26'56"W, A DISTANCE OF 21.35 FEET;THENCE N69003'28"W, A DISTANCE OF 1935.16 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT,TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 03°34'21"AND A RADIUS OF 13,988.19 FEET, FOR AN ARC DISTANCE OF 872.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE N00°30'01"E ALONG SAID WEST LINE, A DISTANCE OF 21.90 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 56,149 SQUARE FEET OR 1.2890 ACRES,MORE OR LESS. T i� F � cCCIV�EO D°� �p tri Cif PH 2008 FE8 20 All: 10 0 '= " 002286 p :. . �• Vin'; RE111XOEo0,t1�GLPC. GLORI/i8o1'ER.pLA7TEC0.RECOR EF '���'ry� �:� ': ^_`�.•`'^ /7,R5 EXCLUSIVE UTILITY EASEMENT THIS EXCLUSIVE UTILITY EASEMENT,made this i day of January,2008,by 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 its principal office located at 2950 NW Vivion,Riverside,Missouri 64150, ("Grantor")for the CITY OF RIVERSIDE,MISSOURI,a fourth class municipality of the State of Missouri,whose address is 2950 NW Vivion Road,Riverside,Missouri 64150 ("Grantee"). WITNESSETH,that the Grantor, in consideration of the sum of One Dollars($1.00),and other good and valuable consideration to it paid by the Grantee,the receipt and sufficiency of which is hereby acknowledged,does,subject to the terms and conditions of this Utility Easement,by these presents grant,bargain,sell,convey,and confirm unto said Grantee, its successors and assigns,an exclusive perpetual 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 lay,construct, install,operate,maintain,repair, 03 replace and remove public utility lines,meters,vaults and all necessary appurtenances --0 thereto("Utility Facilities")over,under, through,across and upon the lands situated in o Platte County,Missouri,the legal description of which is attached as Exhibit A and C) incorporated herein by this reference(the"Easement Area"). Grantor shall not grant to any —_ other person any easement, license,permit or other right to use any portion of the Easement Area. If there currently exists any license or permit to use any portion of the Easement Area, Grantor hereby assigns all rights and title of Grantor in and to such license or permit to Grantee. Grantee, its successors and assigns, shall have the right of ownership,use and control of the Utility Facilities over, under, through, across and upon the Easement Area and for all proper purposes connected with the installation, use, maintenance, and replacement of the Utility Facilities. Mgpo§hnnW,c�oop o '�oago s • . p�aaa Cpoaa g �,aoaa�oar�o The City of Riversi HA�issouri�m��as thisD asemen to one or ore Vtilities who shall have the rights and obligations granted to Grantee hereunder with respect to all or a portion of the Easement Area and/or the City of Riverside, Missouri may grant such utilities a permit or license to use the Easement Area or portion thereof subject to the terms and conditions of this Easement. The rights of assignment, permitting and/or licensing granted in this paragraph are solely rights of the City of Riverside,Missouri and shall not pass to any successor,assign,licensee or permitee. Grantor, hereby further grants unto the Grantee the right to use such portions of the land adjacent to the Easement Area during construction of the Utility Facilities as are reasonable and necessary for such construction 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 fences, crops, livestock, or real or personal property of the Grantor shall be made good by the Grantee. Grantor agrees not to obstruct or unreasonably interfere with the Utility Facilities by erecting, or causing or allowing to be erected, any building or structure on the Easement Area. Grantor further states that it is lawfully seized of title to the Easement Area and that it has good and lawfid right to convey the said easement to the Grantee herein. Grantee shall immediately restore the Easement Area damaged during Grantee's exercise of any of its rights hereunder to original condition immediately prior to such damage insofar as practicable. Grantee shall immediately remove all debris resulting from its activities. Grantee, and any and all successors and assigns of Grantee, assume and agree to pay for all loss of damage to Grantor's property caused by Grantee,and to defend, indemnify and m hold Grantor and its successors and assigns harmless against any and all claims, demands, suits and judgments that may be asserted for damages for loss or liability on account of injuries to (including death ol) persons or damage to property, including costs and expenses incident thereto, arising wholly or in part from, or in connection with Grantee's exercise of co its rights hereunder. O 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 Grantee, and to its successors and assigns forever. [dap o���aoo p0aaao raoo aa� ��� � �l� 3 rQ IN WITNESS NUR&F(Vie �tantor has hereun o settTaW flu`s Z day of January,2008. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE,MISSOURI � ~ r Wayne yder,Preside Grantor ATTEST: [seal] Ja a Henry, Secreta ACKNOWLEDGEMENT STATE OF MISSOURI } ) SS: COUNTY OF PLATTE } On this, the a day of January, 2008, before me, the undersigned, a Notary Public, appeared Wayne Snyder, who being before me duly sworn did say that he is the President of THE INDUSTRIAL DEVELOPMENT AUTHORITY FO THE CITY OF x RIVERSIDE,MISSOURI., a public corporation 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 corporation,and that said instrument was signed and scaled on behalf of said CC) corporation by authority of its Board of Directors, and said official acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of p said corporation. C=) IN WITNESS WHEREOF, I hereunder set my hand and affixed my notary seal, _ the day and year last above written. Notary Public My commission expires: WILLIAM& EAO SUSN ry C.Notary sed Acx'� 20e��i ty Stele of MissoO 6 40r�gg172 J CommisoioaExpiroe 115NB10lf ���[ 101����IoC�O0 0 oM0oao§ EXHIBIT A 002286 LEGAL DESCRIPTION PROJECT NAME: I-635 /HORIZONS PARKWAY PROJECT NUMBER: P101020298 LOCATION: RIVERSIDE, PLATTE COUNTY,MISSOURI PERPETUAL UTILITY EASEMENT DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5, TOWNSHIP 50 NORTH, RANGE 33 WEST, IN RIVERSIDE,PLATTE COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 5,T50N, R33W, BEING A FOUND 1-1/2 INCH PIPE WITH NAIL, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61553; THENCE S88001'24"E ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER,A DISTANCE OF 1311.29 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE S00°30'01"W ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 1019.39 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 SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALONG A NON-TANGENT CURVE TO THE LEFT, HAVING AN INITIAL TANGENT BEARING OF _ S65023'28"E,A CENTRAL ANGLE OF 03040'00"AND A RADIUS OF 13,968.19 FEET, FOR AN ARC DISTANCE OF 893.90 FEET;THENCE S69°03'28"E CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 1927.69 FEET; THENCE S00026'56"W,A DISTANCE OF 21.35 FEET;THENCE o N69°03'28"W,A DISTANCE OF 1935.16 FEET;THENCE NORTHWESTERLY O ALONG A CURVE TO THE RIGHT,TANGENT TO THE LAST DESCRIBED COURSE, HAVING A CENTRAL ANGLE OF 03°34'21"AND A RADIUS OF _ 13,988.19 FEET, FOR AN ARC DISTANCE OF 872.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE N00°30'01"E ALONG SAID WEST LINE, A DISTANCE OF 21.90 FEET TO THE POINT OF BEGINNING. THE TRACT DESCRIBED ABOVE CONTAINS 56,149 SQUARE FEET OR 1.2890 ACRES,MORE OR LESS.