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HomeMy WebLinkAbout2010-004 IDA Resolution Purchase Property IDA RESOLUTION NO. 2010-004 A RESOLUTION AUTHORIZING THE SALE AND TRANSFER OF CERTAIN PRPERTY TO THE CITY OF RIVERSIDE, MISSOURI; DIRECTING UMB BANK, AS TRUSTEE, TO RELEASE SUCH PROPERTY FROM THE DEED OF TRUST; AND AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH. Pursuant to the provisions of Chapter 349, RSMo., as amended, the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri (the "IDA"), hereby adopt this Resolution and direct that this Resolution be filed with the official IDA minutes: WHEREAS, the IDA issued its Industrial Development Revenue Bonds (Riverside Horizons Infrastructure Project - City of Riverside, Missouri), Series 2007 in the principal amount of$40,265,000 (the "Bonds"); and. WHEREAS, the City of Riverside, Missouri ("City"), the IDA, and UMB Bank, N.A., entered into that certain Financing and Cooperation Agreement dated as of May 1, 2007 relating to the Bonds (the "Financing Agreement"); and WHEREAS, the Financing Agreement requires that IDA, upon direction of the City, transfer and sell the Mortgaged Property (as defined in the Financing Agreement), in whole or in part, in one or more transactions; and WHEREAS, the IDA has an interest in the Mortgaged Property legally described in Exhibit A attached hereto; not WHEREAS, the City has, pursuant to Resolution R-2010-087, a copy of which is presented with this Resolution and is on file with the Secretary, directed the IDA to convey its interest in that certain portion of the Mortgaged Property, the legal description of such portion being attached as Exhibit (the "Property"), to the City upon compliance with the terms and conditions of the Financing Agreement; NOW THEREFORE, BE IT RESOLVED, by the Board of Directors of the Industrial Development Authority of the City of Riverside, Missouri as follows: Section 1. The IDA's conveyance of all right, title and interest in the Property to the City at the price of$.50 per square foot is hereby approved. There are 617,817 square feet within the Property making the sales price of the Property $308,908.50 (the "Sales Price"). Section 2. The Deed conveying all right, title and interest of the IDA in the Property is hereby approved in substantially the form attached as Exhibit B and the President and Vice President are hereby authorized to enter into, execute and deliver and the Secretary and the Assistant Secretary are hereby authorized to attest, such document with such changes therein as shall be approved by the official of the IDA executing such document, such official's signature thereon being conclusive evidence of his approval and the IDA's approval thereof. Section 3. The IDA hereby requests and directs that LIMB Bank, as Trustee, upon receipt of the sales price cause the release of the Property from the lien of the Deed of Trust. Section 4. The President, Vice-President, Secretary, Assistant Secretary and other appropriate officers and agents of the IDA are hereby authorized to take such further actions and execute such other documents as may be necessary or desirable to carry out and comply with the intent of this Resolution. Section 5. The Resolution shall be in full force and effect from and after its adoption. ADOPTED THIS�DAY OF DECEMBER, 2010. This Resolution was adopted at the meeting of the Board of Directors of the IDA duly called and held this date. President (SEAL) ATTEST: Secretary EXHIBIT A LEGAL DESCRIPTION OF PROPERTY A TRACT OF LAND LYING IN LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED,A SUBDIVISION OF LAND IN THE CITY OF RIVERSIDE,PLATTE COUNTY, MISSOURI,ACCORDING TO THE RECORDED PLAT THEREOF,AND LOCATED IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 6,TOWNSHIP 50 NORTH, RANGE 33 WEST, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983,WEST ZONE,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 6,T50N, R33W, BEING A FOUND#6 IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555;THENCE N89'23'44"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1584.16 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED;THENCE N00'16'14"E ALONG THE WEST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED,A DISTANCE OF 777.66 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00'16'14"E ALONG SAID WEST LINE OF LOT 3,A DISTANCE OF 1210.00 FEET;THENCE S89"23'44"E,A DISTANCE OF 531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED;THENCE S00"22'50"W ALONG SAID EAST LINE OF LOT 3,A DISTANCE OF 1209.99 FEET;THENCE N89"23'44"W,A DISTANCE OF 529.44 FEET TO THE POINT OF BEGINNING. EXCEPT ALL THAT PART OF THE WEST 20.00 FEET,AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED,OF THE ABOVE DESCRIBED TRACT,TO BE USED FOR ROADWAY PURPOSES.THE TRACT DESCRIBED ABOVE, EXCLUDING THE WEST 20.00 FEET OF EXCEPTION,CONTAINS 617,817 SQUARE FEET OR 14.1831 ACRES, MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT B FORM OF CONVEYANCE SPECIAL WARRANTY DEED THIS INDENTURE is made as of December _, 2010 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, as grantor ("Grantor"), with a mailing address of 2950 NW Vivion Road, Riverside, Missouri 64150 to CITY OF RIVERSIDE, MISSOURI, a fourth class city organized and existing under the laws of the state of Missouri, as grantor("Grantor'), with mailing address of 2950 NW Vivion Road, Riverside, Missouri 64150. WITNESSETH: THAT GRANTOR, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to it in hand paid by Grantee (the receipt of which is hereby acknowledged) does by these presents, BARGAIN and SELL, CONVEY and CONFIRM unto Grantee, its successors and assigns, the lots, tracts or parcels of land, lying, being and situate in the County of Platte and State of Missouri as described as follows: A TRACT OF LAND LYING IN LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED,A SUBDIVISION OF LAND IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI,ACCORDING TO THE RECORDED PLAT THEREOF,AND LOCATED IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 6,TOWNSHIP 50 NORTH, RANGE 33 WEST, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 6,T50N, R33W, BEING A FOUND#6 IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555;THENCE N89°23'44"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1584.16 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE N00"16'14"E ALONG THE WEST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED,A DISTANCE OF 777.66 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING N00"16'14"E ALONG SAID WEST LINE OF LOT 31 A DISTANCE OF 1210.00 FEET;THENCE S89"23'44"E,A DISTANCE OF 531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3, PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE S00"22'50"W ALONG SAID EAST LINE OF LOT 3,A DISTANCE OF 1209.99 FEET,THENCE N89"23'44"W,A DISTANCE OF 529.44 FEET TO THE POINT OF BEGINNING. EXCEPT ALL THAT PART OF THE WEST 20.00 FEET,AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED, OF THE ABOVE DESCRIBED TRACT,TO BE USED FOR ROADWAY PURPOSES.THE TRACT DESCRIBED ABOVE, EXCLUDING THE WEST 20.00 FEET OF EXCEPTION, CONTAINS 617,817 SQUARE FEET OR 14.1831 ACRES, MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and unto its successors and assigns forever, Grantor hereby covenanting that it is lawfully seized of an indefeasible estate in fee of the premises herein conveyed; that it has good right to convey the same; that said premises are free and clear from any encumbrance (except as referenced above) done or suffered by it; and that it will warrant and defend the title to said premises unto Grantee and unto its successors and assigns forever, against the lawful claims and demands of all persons whomsoever claiming under it except as above stated. IN WITNESS WHEREOF, Grantor has caused these presents to be signed as of the day and year first above written. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: Pamela Darata, President ATTEST: By: Sarah Wagner, Secretary ACKNOWLEDGEMENT STATE OF MISSOURI ) ) SS COUNTY OF PLATTE ) ON THIS _day of December, 2010, before me, the undersigned, a Notary Public in and for said County and state, personally appeared Pamela Darata, to me personally known, who being by me duly sworn, did say that she 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 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 (Seal) Printed or Typed Name My Commission Expires: P a o ° ,Aidw9ri Recording DateMme: 12113/2010 at 01:14:12 PM Instr Number, 201001606 Book: 1167 Page: 445 Type TRWD Pages 3 =�; Fee $30 00S :I�I:Ilglklll{III�IIIIAIIIIAI�FIIII ........ Grantor INDUSTRIAL DEVELOPMENT AUTHORITY talons eoyer.0 Grantee RIVERSIDECITYOF Recorder ofDeeds Gkardor. The Indupnal Devekgnerd AWmrdy dthe CAy Of Rrvendde.Mbawn 2950 NW Vlvlon Rood,Rmrs"MO 84750 erodw. The Clly oI Rnersido.Mraaorm 2950 MVVYrvlen Road.RlvereNle.MO 84150 SPECIAL WARRANTY DEED THIS INDENTURE is made as of December 6, 2010 by The INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, a public corporation organized and Blasting under the laws of the State of Missouri, as grantor ('Grantor), with a mailing address of 2950 NW Vivion Road, Riverside, Missouri 64150 to CITY OF RIVERSIDE, MISSOURI, a fourth class city organized and eAsting under the laws of the state of Missouri, as grantee('Grantee'),with mailing address of 29W NW Vivion Road, Riverside, Missouri 64150. WITNESSETH: THAT GRANTOR, in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other valuable consideration to it in hand paid by Grantee (the receipt �. of which is hereby acknowledged) does by these presents, BARGAIN and SELL, CONVEY and "r CONFIRM unto Grantee, its successors and assigns, the lots, tracts or parcels of land, lying, C" being and situate in the County of Platte and State of Missouri as described as follows: all -v A TRACT OF LAND LYING IN LOT 3,PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED,A SUBDIVISION OF LAND IN THE CITY OF RIVERSIDE,PLATTE COUNTY, MISSOURI,ACCORDING TO THE RECORDED PLATTHEREOF,AND LOCATED IN THE SOUTHEAST Cil QUARTER OF FRACTIONAL SECTION 6,TOWNSHIP 50 NORTH,RANGE 33 WEST,BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM,1983, WEST ZONE,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 4 TSON,R33W,BEING A FOUND N6 IRON BAR IN MONUMENT BOX,PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555;THENCE N89IY44"W ALONG THE SOUTH UNE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1584.16 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3,PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED; hNr-n)0 �oc�ooLr— x W'*' cs J�Q-j I� 9 THENCE NOD016'14'E ALONG THE WEST LINE OF SAID LOT 3,PLAT OF THE PARTITION OF THE "ESTATE OF GEORGE ROBERTS"-DECEASED,A DISTANCE OF 777.66 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING NOO-16'14'E ALONG SAID WEST LINE OF LOT 3,A DISTANCE OF 1210.00 FEET;THENCE S89"23'44-E,A DISTANCE OF 531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3,PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED; THENCE SDD"22'S(rW ALONG SAID EAST LINE OF LOT 3,A DISTANCE OF 1209.99 FEET;THENCE N89-23'44"W,A DISTANCE OF 529.44 FEET TO THE POINT OF BEGINNING.EXCEPT ALLTHAT PART OF THE WEST 20.00 FEET,AS MEASURED AT RIGHT ANGLES TO THE WEST UNE OF LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED,OF THE ABOVE DESCRIBED TRACT,TO BE USED FOR ROADWAY PURPOSES.THE TRACT DESCRIBED ABOVE, EXCLUDING THE WEST 20.00 FEET OF EXCEPTION,CONTAINS 617,817 SQUARE FEET OR 14.1831 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and unto its successors and assigns forever, Grantor hereby covenanting that R Is lawfitly seized of an indefeasible estate in fee of the premises herein conveyed;that R has good right to convey the same; that said premises are free and dear from any encumbrance (except as referenced above) done or suffered by it; and that it will warrant and defend the title to said premlims unto Grantee and unto its successors and assigns forever, against the lawful claims and demands of all persons whomsoever claiming under it except as above stated. IN WITNESS WHEREOF, Grantor has caused these presents to be signed as of the day and year first above written. THE INDUSTRIAL DEVELOPMENT - AUTHORITY OF THE CITY OF RIVEgBt SSOURI _ Pamela Darate, President S7y — -o Sarah Wagner, ary zr t CJn ACKNOVIfL_EDGENENT STATE OF MISSOURI ) ) SS COUNTY OF PLATTE ) ON THIS day of December, 2010, before me, the undersigned, a Notary Public in and for said County and state, personally appeared Pamela Darsta, to me personally known, who being by me duly sworn, did say that she is the President of The Industrial Development Authortty of the City of Riverside, Missouri, a public corporation duly organized and existing h no o §wer W W8o�oop0� 0Mo0a0� IMMU CunHil OU000aG'0 MnoWOUCOW o ogum(@M under the laws of the state of Missouri, and that the seal affixed to the foregoing intra neat Is the seal of said Authority, and that said instrument was signed and sealed in behalf of said Authority by free ad 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 Robin L Littrell,Notary Public v WKA.t_YlC/ RayCounpr,Stele of Missouri Notary public Signature My Comm anion Expires 3/3!2011 / (Seal) Commeean Number 07390831 �J k w3 L. L—W a`f l Printed or Typed Name My Commission Expires:(t qz)m -5, � ON ci O F an r R hNpoOD �,m),p0ggq(or�ooagd Recorded in Platte County,Missouri Recording Date/Time:12/15/2010 at 10:27:13 AM Instr Number: 2010016201 `,GpQOER Book: 1167 Page: 610 Fa :. o Type: DR PART Pages:6 y, Fee: $36.00 S NM GLORIA OYER Electronkall Recorded GLORIA fDee Y Recorder of Deeds MP936z6 Til Is bocument: PARTIAL RELEASE Date of Document: December j 't , 2010 Grantor: UMB BANK, N.A. 1010 Grand Blvd., 4"' Floor Kansas City, Missouri, 64106 Grantee: THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI 2950 NW Vivion Riverside, Missouri 64150 and THE CITY OF RIVERSIDE, MISSOURI 2950 NW Vivion Road Riverside, Missouri 64150 Legal: See Exhibit A on page 5 Reference: BK1103PG315 BK1103PG316 BK1111PG854 BK1111PG853 Return Recorded Document to: Nancy Thompson 2950 NW Vivion Rd Riverside, MO 64150 hNno -,Nimsocooooaol pkN(@po�r�YD ( mha( n c���c�r�� PARTIAL RELEASE The City of Riverside, Missouri and The Industrial Development Authority of the City of Riverside, Missouri THIS PARTIAL RELEASE is executed on the 14a day of December, 2010 by UMB BANK, N.A.,a national association duly organized and existing under the laws of the United States of America having a corporate trust office located at UMB Bank, N.A.; 1010 Grand Blvd., 4' Floor, Kansas City, Missouri 64106, Attention: Corporate Trust Department, and its successors and assigns, ("Mortgagee"), for the benefit of the CITY OF RIVERSIDE, MISSOURI, a fourth class municipality of the State of Missouri, whose address is 2950 NW Vivion Road, Riverside, Missouri 64150, ('City')and 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, ("Mortgagor")and the. RECITALS: A. The mortgagor issued its $30,265,000 Revenue Bonds (Riverside Horizons 00 Infrastructure Project-City of Riverside, Missouri) Series 2007A and $10,000,000 Revenue X Bonds (Riverside Horizons Infrastructure Project-City of Riverside, Missouri)Series 2007B dated as of May 1, 2007 (the"Bonds"). B. In connection with the Bonds, Mortgagee and Mortgagor entered into a series of 0 security documents, including (but without limitation): 0 (i) A Financing and Corporation Agreement dated May 1, 2007 between The Industrial Development Authority of the City of Riverside, Missouri and UMB, N.A.; recorded May 9, 2007 in Book 1103 a Page 315 in the office of the Recorder of Deeds, Platte County, Missouri ("Financing Agreement"). (ii) A Deed of Trust and Security Agreement, granting a deed of trust lien on the Property described therein, ("Mortgaged Property")to secure the payment of the Series 2007 Bonds, and any other amounts or obligations secured thereby, dated May 1, 2007, and recorded May 9, 2007 in Book 1103 at Page 316 in the office of the Recorder of Deeds, Platte County, Missouri ("Mortgagd'). C. Section 6.3 of the Financing Agreement set the minimum amount per square foot which must be deposited with the Mortgagee with respect to a sale of all or any portion of the Mortgaged Property at$.50 per square foot. D. The City directed that the Mortgagor sell to the City 617,817 square feet of the Mortgaged Property, the legal description of such property being set forth on Exhibit A ("Released Property")and Mortgagor, pursuant to a Quitclaim Deed, has sold and transferred all right, title and interest in the Released Property to the City. 2 Mpo�� �opoop�aNeD.pn�ooap� p�a�c� C�oa��jfl �i1o��oar�c Mrr�offffo�oi°a� o oc���c�r�� E. The City has pad to Mortgagee the sales price of$.50 per square feet for the Released Property. F. Pursuant to Section 6.5 of the Financing Agreement, it is necessary that the Mortgagee release its lien with respect to the Released Property. AGREEMENT NOW,THEREFORE, in consideration of these Recitals, the mutual benefits and obligations accruing under this and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mortgagee agrees as follows: 1. Mortgagee does hereby release its lien on the Released Property, the legal description of which is described on Exhibit A. This is a partial release of only the Released Property and shall not affect the remaining Mortgaged Property or the indebtedness thereof on the Mortgage or Financing Agreement. 2. Notwithstanding the release of the lien on the Released Property, the Mortgage, in the initial principal amount of$30,265,000 for the Series 2007A bonds and $10,000,000 for the Series 20078 bonds from the Mortgagor to the Mortgagee shall remain in full force and pp effect indemnities and other obligations under the Mortgage which, by their terms, survive a T� release of the lien on the Released Property, shall remain in full force and effect with respect to the non-released property and are not cancelled. 3. Furthermore, notwithstanding anything to the contrary contained herein, any and ro all liens created against the Released Property in the Mortgage and/or the Financing Agreement are released in their entirety and in all respects, Mortgagee shall have no continuing rights, c interests or privileges whatsoever with respect to the Released Property, or any portion thereof, and Mortgagee shall have no rights of action, foreclosure, recourse or otherwise whatsoever with respect to or against the Released Property, or any portions(s)thereof, from and after the date hereof, including, without limitation, arising from any purported breach or default by Mortgagor or its successors or assigns of any obligations that purport to have survived the release made hereby. IN WITNESS WHEREOF, Mortgagee hereby executes this instrument to be effective as of the date first written above. MORTGAGEE: UMB BANK, N.A By /5-,L /—I Name: Brent W. Keep Title: Vice-President 3 C @un9 fflawairo Mnof (�,"W YQ &AMM(@Inq ACKNOWLEDGEMENT STATE OF MISSOURI } )SS. COUNTY OF JACKSON } On this, the��Ly of December, 2010, before me, the undersigned, a Notary Public appeared Brent W. Keep,who being before me duly sworn did say that he is a Vice President of UMB Bank, N.A., a national banking association organized under the laws of the United States of America and that the seal affixed to the foregoing instrument is the seal of said association, and that said instrument was signed and sealed on behalf of said association 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 association. IN WITNESS WHEREOF, I hereunder set my hand and affixed my notary seal, the day and year last above written. W Notary Publi rn na�r -4 n7 My commission expires: DELLA SPENCER G) Notary Public-Notary Seal STATE OF MISSOURI o Jackson County . My Commission Expires:Feb.21,2011 Commission#07013628 4 [���po����oc�oopO�aC�c�or�ooa�� Exhibit A Legal Description of Released Property A TRACT OF LAND LYING IN LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS-- DECEASED,A SUBDIVISION OF LAND IN THE CITY OF RIVERSIDE,PLATTE COUNTY, MISSOURI, ACCORDING TO THE RECORDED PLAT THEREOF,AND LOCATED IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 6,TOWNSHIP 50 NORTH,RANGE 33 WEST, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983,WEST ZONE,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF FRACTIONAL SECTION 6, TSON, R33W, BEING A FOUND#6 IRON BAR IN MONUMENT BOX, PER CERTIFIED LAND CORNER DOCUMENT NUMBER 600-61555;THENCE N89"23'44"W ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 1584.16 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3,PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED;THENCE NOO°16'14"E ALONG THE WEST LINE OF SAID LOT 3,PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED,A W DISTANCE OF 777.66 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING N00'16'14"E ALONG SAID WEST LINE OF LOT 3,A DISTANCE OF 1210.00 FEET;THENCE S89`23'44E,A DISTANCE OF 531.76 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3,PLAT OF THE PARTITION OF THE"ESTATE OF v GEORGE ROBERTS"-DECEASED;THENCE S00°22'50"W ALONG SAID EAST LINE OF LOT 3,A DISTANCE OF 1209.99 FEET,THENCE N89"23'44"W,A DISTANCE OF 529.44 FEET TO THE POINT OF BEGINNING. '0 0 EXCEPT ALL THAT PART OF THE WEST 20.00 FEET,AS MEASURED AT RIGHT ANGLES TO THE WEST LINE W OF LOT 3, PLAT OF THE PARTITION OF THE"ESTATE OF GEORGE ROBERTS"-DECEASED,OF THE ABOVE p DESCRIBED TRACT,TO BE USED FOR ROADWAY PURPOSES.THE TRACT DESCRIBED ABOVE, EXCLUDING j THE WEST 20.00 FEET OF EXCEPTION,CONTAINS 617,817 SQUARE FEET OR 14.1831 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 5 �lSlSpo§§ill/Vl1 VV o�a[P�U1lSl @.m(0).m('d